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IPR Enforcement: Road Milling Machines, Electronic Devices

Friday, July 21, 2017
Sandler, Travis & Rosenberg Trade Report

Road Milling Machines. The International Trade Commission received July 19 on behalf of Wirtgen America Inc. a petition requesting that it institute a Section 337 investigation regarding road milling machines. The proposed respondents are located in Italy, Switzerland, 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.

Electronic Devices. In patent infringement investigation 337-TA-1039 of electronic devices, including mobile phones, tablet computers, and components thereof, complainant Nokia Technologies Oy and the respondent have filed a joint motion to terminate the investigation based on a settlement agreement. However, the ITC is remanding this investigation to the presiding administrative law judge to require the parties to filed a revised public version of the agreement.

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