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IPR Enforcement: Submarine Telecom Systems, Magnetic Tape Cartridges

Wednesday, April 25, 2018
Sandler, Travis & Rosenberg Trade Report

Submarine Telecom Systems. The International Trade Commission received April 23 on behalf of NEC Corporation and NEC Corporation of America a petition requesting that it institute a Section 337 investigation regarding submarine telecommunication systems and components thereof. The proposed respondents are located in 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 May 3 on any public interest issues raised by this  complaint. Comments should address whether the issuance of the exclusion order 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.

Magnetic Tape Cartridges. The ITC has terminated patent infringement investigation 337-TA-1058 of magnetic tape cartridges and components thereof with respect to a number of patent claims due to the withdrawal of those claims by complainants Sony Corporation, Sony Storage Media Solutions Corp., Sony Storage Media Manufacturing Corp., Sony DADC US Inc., and Sony Latin America Inc.

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