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IPR Enforcement: Set-Top Boxes, Table Saws

Tuesday, January 31, 2017
Sandler, Travis & Rosenberg Trade Report

Set-Top Boxes. The International Trade Commission received Jan. 26 on behalf of OpenTV Inc., Nagra USA Inc, Nagravision SA, and Kudelski a petition requesting that it institute a Section 337 investigation regarding digital television set-top boxes, remote control devices, and components thereof. The proposed respondents are located in China, the United Kingdom, 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.


Table Saws. In patent infringement investigation 337-TA-965, the International Trade Commission has issued a limited exclusion order prohibiting the entry of table saws incorporating active injury mitigation technology and components thereof that infringe specified patent claims asserted by SawStop LLC and SD3 LLC. The ITC has also issued an order directing one respondent to cease and desist from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors or subject table saws infringing those same patent claims. No bond will be required for subject goods to continue entering the U.S. during the 60-day period the president has to review the ITC’s remedial measures.

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