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IPR Enforcement: Road Construction Machines, Semiconductor Devices, Graphics Systems

Thursday, November 02, 2017
Sandler, Travis & Rosenberg Trade Report

Road Construction Machines. The International Trade Commission received Oct. 26 on behalf of Caterpillar Inc. and Caterpillar Paving Products Inc. a petition requesting that it institute a Section 337 investigation regarding road construction machines and components thereof. The proposed respondents are located in Germany 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 ITC is requesting comments no later than Nov. 9 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainants would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

Semiconductor Devices. The ITC has instituted investigation 337-TA-1080 to determine whether imports of wafer-level packaging semiconductor devices and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are cellular phones, tablets, laptops, notebook computers, and cameras that include wafer-level packaged semiconductor components.

Complainant Tessera Advanced Technologies 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 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. The respondents in this investigation are located in Korea and the U.S.

Graphics Systems. The ITC has terminated patent infringement investigation 337-TA-1044 of graphics systems, components thereof, and consumer products containing the same with respect to four patent claims asserted by complainants Advanced Micro Devices Inc. and ATI Technologies ULC.

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