IPR Enforcement Actions on RF Capable Circuits, Laser-Driven Light Sources, Dental Implants
New Investigations. The International Trade Commission has instituted the following investigations to determine whether imports of the products indicated are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.
- investigation 337-TA-982 of radio frequency capable integrated circuits and products containing the same, which include RF receivers, transmitters, transceivers and products containing them such as smartphones and tablets (complainant ParkerVision Inc.; respondents located in Korea and the U.S.)
- investigation 337-TA-983 of laser-driven light sources, subsystems containing such sources and products containing same, which are light sources for semiconductor manufacturing equipment and products that include those light sources (complainant Energetiq Technology Inc.; respondents located in the Netherlands, Germany and the U.S.)
In each case the complainant requests that after the investigation the ITC issue an exclusion order, 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 named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory.
Dental Implants. In investigation 337-TA-934, the ITC’s presiding administrative law judge has determined that the importation, sale for importation and sale within the U.S. after importation of dental implants are violating patents asserted by Nobel Biocare Services AG and Nobel Biocare USA LLC. The ALJ has recommended the issuance of a limited exclusion order barring entry of the respondents’ infringing dental implants and the imposition of a bond of $120 per imported unit during the presidential review period.
The ITC is seeking comments through Jan. 21 on the form of remedy (if any) that should be ordered, the effects of any such remedy on the public interest (e.g., the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers) and 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.