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IPR Enforcement: Flash Memory Devices, Personal Transporters

Friday, December 09, 2016
Sandler, Travis & Rosenberg Trade Report

Flash Memory Devices. The International Trade Commission received Dec. 6 on behalf of Memory Technologies LLC a petition requesting that it institute a Section 337 investigation regarding flash memory devices and components thereof. The proposed respondents are located in Japan, Malaysia, China, and the U.S.

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks, and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted. The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

Personal Transporters. The ITC has amended the complaints and notices of investigation in patent infringement investigations 337-TA-1007 and -1021 of personal transporters and components thereof to assert three additional patents against one respondent and to terminate all asserted claims of another patent as to all respondents.

In addition, the ITC has terminated both of these investigations with respect to one respondent based on consent orders with complainants Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co. Ltd.

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