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IPR Enforcement Actions on Windshield Wipers, Non-Volatile Memory Devices

Friday, August 01, 2014
Sandler, Travis & Rosenberg Trade Report

Windshield Wipers. The International Trade Commission received July 25 on behalf of Valeo North America Inc. and Delmax de Juarez S. de R.L de C.V. a petition requesting that it institute a Section 337 investigation regarding certain windshield wipers and components thereof. The proposed respondents are located in Belgium and the U.S.

The ITC is also requesting comments no later than Aug. 12 on any public interest issues raised by this complaint. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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.

Non-Volatile Memory Devices. The International Trade Commission has instituted investigation 337-TA-922 to determine whether imports of certain devices containing non-volatile memory (e.g., flash memory and microcontrollers) and products containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants Macronix International Co. Ltd. and Macronix America Inc. request that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the 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 Thailand, the United Kingdom and the U.S.

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