IPR Enforcement: Dental Scanners, Truck Bed Covers, ATMs, Telecom Systems
New Petitions. The International Trade Commission has received separate petitions requesting that it institute Section 337 investigations of the following products.
- dental and orthodontic scanners and software (petition filed Dec. 10 on behalf of Align Technology Inc.; proposed respondents located in Denmark and the U.S.)
- pickup truck folding bed cover systems and components thereof (petition filed Dec. 7 on behalf of Extang Corporation and Laurmark Enterprises Inc.; proposed respondents located in 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 ITC is requesting comments no later than Dec. 21 on any public interest issues raised by these complaints. Comments should address whether the issuance of the exclusion orders 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.
ATMs. In investigation 337-TA-989, the ITC has determined to rescind the limited exclusion order and two cease and desist orders it issued against automated teller machines, ATM modules, components thereof, and products containing the same found to infringe patents asserted by Nautilus Hyosung Inc. and Nautilus Hyosung America Inc. This determination follows a ruling by the Court of Appeals for the Federal Circuit finding some of the asserted patents invalid.
Subsea Telecom Systems. The ITC has determined to terminate patent infringement investigation 337-TA-1098 of subsea telecommunication systems and components thereof with respect to numerous patent claims based on the withdrawal of the allegations pertaining to those claims by complainants Neptune Subsea Acquisitions Ltd., Neptune Subsea IP Ltd., and Xtera Inc.