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IPR Enforcement Actions on Table Saws, Digital Models, RFID Products

Thursday, September 29, 2016
Sandler, Travis & Rosenberg Trade Report

Table Saws. In patent infringement investigation 337-TA-965 of table saws incorporating active injury mitigation technology and components thereof, the International Trade Commission’s presiding administrative law judge has recommended the issuance of limited exclusion orders and cease and desist orders against subject goods imported by two respondents. The ITC is now seeking through Oct. 18 comments on whether the issuance of these orders 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.

Digital Models. In patent infringement investigation 337-TA-833 of digital models, digital data, and treatment plans for use in making incremental dental positioning appliances, the appliances made therefrom, and methods of making the same, the ITC has determined to rescind its cease and desist orders and terminate this investigation with a finding of no violation. These steps follow the Court of Appeals for the Federal Circuit’s reversal of the ITC’s decision that the electronic transmission of the digital models could constitute an imported article within the meaning of 19 USC 1337.

RFID Products. The ITC has terminated patent infringement investigation 337-TA-979 of radio frequency identification products and components thereof with respect to specified patent claims asserted by complainant Neology Inc.

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