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IPR Enforcement Actions on Optical Disc Drives, Antivenom Compositions

Wednesday, December 10, 2014
Sandler, Travis & Rosenberg Trade Report

Investigation of Optical Disc Drives to Continue. The International Trade Commission has remanded to the presiding administrative law judge for further proceedings patent infringement investigation 337-TA-897 of certain optical disc drives, components thereof and products containing the same. The ITC has vacated the ALJ’s initial determination terminating this investigation on the grounds that complainant Optical Devices does not hold all substantial rights to certain patents and thus lacks prudential standing to maintain an action for infringement without joinder of other necessary parties. However, the ITC also finds based on modified reasoning that Optical Devices does lack standing with respect to the certain other patents, and as a result this investigation is being terminated with respect to those patents.

Antivenom Compositions. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-903 of certain antivenom compositions and products containing the same. This termination is based on a settlement agreement between complainant BTG International Inc. and the respondents, which are located in Mexico and the U.S.

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