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IPR Enforcement Actions on Surgical Staplers and Electronic Devices

Tuesday, January 12, 2016
Sandler, Travis & Rosenberg Trade Report

Surgical Staplers. The International Trade Commission received Jan. 8 on behalf of Covidien LP a petition requesting that it institute a Section 337 investigation regarding surgical stapler devices and components thereof. The proposed respondent is located in China.

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

Electronic Devices. The ITC has instituted investigation 337-TA-981 to determine whether imports of electronic devices containing strengthened glass and packaging thereof are violating Section 337 of the 1930 Tariff Act by reason of registered and common law trademark infringement and dilution.

Complainant Saxon Glass Technologies Inc. requests 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 a cease and desist order, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in the U.S.

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