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IPR Enforcement Actions on Tires, Video Game Systems

Wednesday, September 18, 2013
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Investigation of Tires. The International Trade Commission has instituted investigation 337-TA-894 to determine whether imports of certain tires and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are tires with certain tread designs and sidewall designs.

Complainants Toyo Tire & Rubber Co. Ltd., Toyo Tire Holdings of Americas Inc., Toyo Tire U.S.A. Corp., Nitto Tire U.S.A. Inc. and Toyo Tire North America Manufacturing Inc. 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 China, Thailand and the U.S.

No Import Restrictions on Video Game Systems. The International Trade Commission has affirmed, with modifications, the presiding administrative law judge’s finding that the importation, sale for importation and sale within the U.S. after importation of certain video game systems and wireless controllers and components thereof are not violating patents owned by Creative Kingdoms LLC and New Kingdoms LLC (collectively CK). As a result, no import restrictions will be imposed on these items.

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