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IPR Enforcement: Semiconductor Devices, Load Supporting Systems, Lithography Machines

Tuesday, July 24, 2018
Sandler, Travis & Rosenberg Trade Report

Semiconductor Devices. The International Trade Commission has determined to review in part a final initial determination in investigation 337-TA-104 finding no violation of Section 337 in the importation, sale for importation, or sale within the U.S. after importation of semiconductor devices and consumer audiovisual products containing the same. The ITC is also accepting comments by July 27 on the form of remedy, if any, that should be ordered in this investigation; the effects of any such remedy on the public interest; and the amount of the bond under which infringing goods could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Load Supporting Systems. The ITC has terminated patent infringement investigation 337-TA-1095 of load supporting systems, including composite mat systems, and components thereof without the imposition of import restrictions. This action is based on consent orders and a settlement agreement between the respondents and complainant Newpark Mats & Integrated Services Inc.

Lithography Machines. The ITC received July 20 on behalf of Carl Zeiss SMT GmBH a petition requesting that it institute a Section 337 investigation regarding lithography machines and systems and components thereof. The proposed respondents are located in Japan 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 Aug. 2 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 complainant 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 complainant, its licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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.

Network Devices. In its enforcement proceeding in investigation 337-TA-944 of network devices, related software, and components thereof, the ITC has determined to review in its entirety the presiding administrative law judge’s finding that one respondent has not violated the cease and desist order issued in June 2016. Responses to the ITC’s specific questions in this investigation are due by July 27.

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