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IPR Enforcement: Vapor Separators, Beverage Containers, Electronic Devices, Etc.

Monday, December 17, 2018
Sandler, Travis & Rosenberg Trade Report

Vapor Separators. In patent infringement investigation 337-TA-1101, the International Trade Commission has issued a limited exclusion order prohibiting the unlicensed entry of fuel-pump assemblies with vapor separators and components thereof that infringe one or more of specific patent claims asserted by Carter Fuel Systems and are imported or manufactured abroad by or on behalf of the defaulting respondent. The ITC has also determined that infringing goods may continue to enter the U.S. during the 60-day period for presidential review of this remedial order under a bond in the amount of 100 percent of the entered value.

Beverage Containers. In investigation 337-TA-1084, the ITC has issued a limited exclusion order prohibiting the unlicensed entry of insulated beverage containers, components, labels, and packaging materials thereof that infringe one or more of specific trademarks, copyrights, and patent claims asserted by Yeti Coolers LLC and are imported or manufactured abroad by or on behalf of the defaulting respondents. The ITC has also determined that infringing goods may continue to enter the U.S. during the 60-day period for presidential review of this remedial order under a bond in the amount of 100 percent of the entered value.

Mobile Electronic Devices. In investigation 337-TA-1065, the ITC has determined to review the presiding administrative law judge’s final initial determination finding that the importation, sale for importation, and sale within the U.S. after importation of mobile electronic devices and radio frequency and processing components thereof are violating one patent asserted by Qualcomm Incorporated but not others.

In addition, the ITC is accepting public comments by Jan. 3 on (a) the form of remedy, if any, that should be ordered in this investigation, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of like or directly competitive articles, and U.S. consumers, and (c) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Human Milk Oligosaccharides. The ITC has terminated patent infringement investigation 337-TA-1120 of human milk oligosaccharides and methods of producing the same with respect to four patent claims at the request of complainant Glycosyn LLC.

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