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IPR Enforcement: Road Construction Machines, Video Receivers, Backpack Chairs

Tuesday, November 28, 2017
Sandler, Travis & Rosenberg Trade Report

Road Construction Machines. The International Trade Commission has instituted investigation 337-TA-1088 to determine whether imports of road construction machines and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants Caterpillar Inc. and Caterpillar Paving Products Inc. request 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 Germany and the U.S.

Digital Video Receivers. In investigation 337-TA-1001 the ITC has determined that the importation, sale for importation, and sale within the U.S. after importation of digital video receivers and hardware and software components thereof are violating patents asserted by Rovi Corporation and Rovi Guides Inc. As a result, the ITC has issued a limited exclusion order that (with some exceptions) prohibits the unlicensed entry of infringing goods that are manufactured or imported by or on behalf of the respondent or any of its affiliated companies, parents, subsidiaries, agents, or other related business entities or their successors or assigns. The ITC has also issued cease and desist orders that (with some exceptions) prohibit the respondent from conducting any of the following activities in the U.S.: (1) importing, selling, offering for sale, leasing, offering for lease, renting, offering for rent, marketing, advertising, distributing, transferring (except for exportation), and soliciting U.S. agents or distributors for imported covered products; and (2) aiding or abetting other entities in the importation, sale for importation, sale after importation, lease after importation, rent after importation, transfer, or distribution of covered products.

Backpack Chairs. The ITC has terminated patent infringement investigation 337-TA-1062 of backpack chairs without the imposition of import restrictions. This action is based on Rio Brands LLC’s withdrawal of its complaint.

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