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IPR Enforcement: Networking Products, Nicotine Delivery Systems

Tuesday, November 27, 2018
Sandler, Travis & Rosenberg Trade Report

Networking Products. The International Trade Commission has terminated patent infringement investigation 337-TA-1131 of wireless mesh networking products and related components thereof with respect to one respondent at the request of complainant SIPCO LLC.

Nicotine Delivery Systems. The ITC received Nov. 20 on behalf of Juul Labs Inc. a second petition requesting that it institute a Section 337 investigation regarding electronic nicotine delivery systems and components thereof. The proposed respondents are located in China and the U.S. Information on Juul’s first petition on these products can be found here.

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks, and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted.

The ITC is requesting comments no later than Dec. 5 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainant 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.

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