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IPR Enforcement: Submarine Telecom Systems, Human Milk Oligosaccharides, LED Lighting

Wednesday, May 23, 2018
Sandler, Travis & Rosenberg Trade Report

Submarine Telecom Systems. The International Trade Commission has instituted investigation 337-TA-1113 to determine whether imports of submarine telecommunication systems and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are used to globally transmit, carry, and receive data through a global mesh of submarine fiber optic cables.

Complainants NEC Corporation and NEC Corporation of America request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in the U.S.

Human Milk Oligosaccharides. The ITC received May 16 on behalf of Glycosyn LLC a petition requesting that it institute a Section 337 investigation regarding human milk oligosaccharides and methods of producing the same. The proposed respondent is located in Germany.

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 May 31 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order and/or 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.

LED Lighting Devices. In patent infringement investigation 337-TA-1081 of LED lighting devices, LED power supplies, and components thereof, the ITC has terminated one respondent group based on a settlement agreement with complainants Phillips Lighting North America Corp. and Phillips Lighting Holding B.V.

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