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IPR Enforcement: Sequencing Systems, Engines, Pool Spa Enclosures, Shaving Cartridges

Friday, February 09, 2018
Sandler, Travis & Rosenberg Trade Report

Sequencing Systems. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-1032 of single-molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same. The presiding administrative law judge determined that the importation, sale for importation, and sale within the U.S. after importation of such goods are not violating patents asserted by Pacific Biosciences of California Inc.

Light Engines. The ITC received Feb. 2 on behalf of Lumencor Inc. a petition requesting that it institute a Section 337 investigation regarding light engines and components thereof. The proposed respondents are located in Canada 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 Feb. 19 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.

Pool Spa Enclosures. The ITC has terminated patent infringement investigation 337-TA-1069 of pool spa enclosures without the imposition of import restrictions based on a settlement agreement between the respondents and complainant Aqua Shield Inc.

Shaving Cartridges. The ITC has terminated patent infringement investigation 337-TA-1079 of shaving cartridges, components thereof, and products containing same without the imposition of import restrictions based on a settlement agreement between the respondents and complainant The Gillette Company LLC.

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