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IPR Enforcement: Personal Transporters, L-Tryptophan Products

Monday, October 16, 2017
Sandler, Travis & Rosenberg Trade Report

Personal Transporters. The International Trade Commission has terminated patent and trademark infringement investigations 337-TA-1007 and 337-TA-1021 of personal transporters and components thereof with respect to one respondent based on a consent order with complainants Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co. Ltd.

The products at issue in these investigations are self-balancing electric vehicles for carrying a person. The presiding administrative law judge has recommended the issuance of general and limited exclusion orders, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the participating respondents to cease actions that violation Section 337, including selling infringing imported articles out of U.S. inventory.

L-Tryptophan Products. In patent infringement investigation 337-TA-1005 of L-tryptophan, L-tryptophan products, and their methods of production, the ITC has determined to review a final initial determination by the presiding ALJ finding no violation of Section 337.

The ALJ recommended that if the ITC does find a Section 337 violation it should issue a limited exclusion order against the respondents’ accused products and a cease and desist order against one respondent. The ITC is therefore seeking information by Oct. 27 on (a) the form of remedy, if any, that should be ordered; (b) the effect of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with the subject goods, and U.S. consumers; and (c) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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