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IPR Enforcement: New Petitions, Backpack Chairs

Wednesday, July 12, 2017
Sandler, Travis & Rosenberg Trade Report

New Petitions. The International Trade Commission received July 7 petitions requesting that it institute separate Section 337 investigations regarding the following products.

- recombinant factor IX products (complainants Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverative U.S. LLC; respondents located in Germany, Switzerland, and the U.S.)

- mobile electronic devices and radio frequency and processing components thereof (complainant Qualcomm Incorporated; respondent located in 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.

Backpack Chairs. The ITC has instituted investigation 337-TA-1062 to determine whether imports of backpack chairs are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are portable chairs capable of being folded into the form of a backpack for transport.

Complainant Rio Brands LLC requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and a cease and desist orders, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in the U.S.

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