New IPR Import Restrictions Sought on Radiotherapy Systems
The International Trade Commission received Sept. 25 on behalf of Varian Medical Systems Inc. and Varian Medical Systems International AG a petition requesting that it institute a Section 337 investigation regarding certain radiotherapy systems and treatment planning software and components thereof. The proposed respondents are located in Sweden, the United Kingdom, Germany, 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.