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IPR Enforcement: Sweeteners, Hand Dryers, Self-Balancing Vehicles, Access Control Systems

Monday, October 31, 2016
Sandler, Travis & Rosenberg Trade Report

Sweeteners. The International Trade Commission received Oct. 27 on behalf of Celanese International Corporation, Celanese Sales U.S. Ltd., and Celanese IP Hungary Bt a petition requesting that it institute a Section 337 investigation regarding high-potency sweeteners, processes for making same, and products containing same. The proposed respondents are 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.

Hand Dryers. The ITC has terminated one respondent from trade dress infringement investigation 337-TA-1015 of hand dryers and housings for hand dryers on the basis of a consent order with complainant Excel Dryer Inc.

Self-Balancing Vehicles. The ITC has terminated patent infringement investigation 337-TA-1000 of motorized self-balancing vehicles as to one patent claim asserted by complainants Razor USA LLC, Inventist Inc., and Shane Chen.

Access Control Systems. The ITC has added two respondents to patent infringement investigation 337-TA-1016 of access control systems and components thereof at the request of complainant The Chamberlain Group Inc.

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