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IPR Enforcement: Electronics, Breathing Systems, Mobile Device Holders, Ink Cartridges

Thursday, June 15, 2017
Sandler, Travis & Rosenberg Trade Report

Digital Video Receivers. In patent infringement investigation 337-TA-1001 of digital video receivers and hardware and software components thereof, the International Trade Commission is soliciting through July 11 comments on any public interest issues raised by the presiding administrative law judge’s recommendation to issue a limited exclusion order against infringing goods imported by the respondents and cease and desist orders directed to the respondents. Comments should address whether these remedies 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 recommended remedial orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the recommended remedial 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 recommended remedial orders within a commercially reasonable time; and

- explain how the recommended remedial orders would impact consumers in the U.S.

Electronic Devices. The ITC has terminated patent infringement investigation 337-TA-1038 of electronic devices, including mobile phones, tablet computers, and components thereof, with respect to certain patent claims asserted by complainant Nokia Technologies Oy.

Breathing Systems. The ITC has terminated without the imposition of import restrictions patent infringement investigation 337-TA-1022 of sleep-disordered breathing treatment mask systems and components thereof. This action follows the withdrawal of the complaint by ResMed Corp., ResMed Inc., and ResMed Ltd.

Mobile Device Holders. The ITA has terminated patent infringement investigation 337-TA-1028 of mobile device holders and components thereof with respect to certain respondents that the ITC was unsuccessful in serving.

Ink Cartridges. In patent infringement investigations 337-TA-565/946 of ink cartridges and components thereof, the ITC has instituted an advisory proceeding to determine whether refurbished ink cartridges remanufactured using empty ink cartridges made by complainants Epson Portland Inc., Epson America Inc., and Seiko Epson Corporation and collected from the U.S. are outside the scope of the general exclusion orders and cease and desist orders issued previously in these investigations.

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