IPR Enforcement: Toner, Controllers, Beverage Containers, Steel Products, Magnetic Tapes

Wednesday, March 28, 2018
Sandler, Travis & Rosenberg Trade Report

Toner Cartridges. The International Trade Commission has instituted investigation 337-TA-1106 to determine whether imports of replaceable toner cartridges and photosensitive drum units contained in or sold for use in such cartridges are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. Complainants Canon Inc., Canon U.S.A. Inc., and Canon Virginia 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 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, Hong Kong, Macau, Canada, and the U.S.

Programmable Logic Controllers. The ITC has instituted investigation 337-TA-1105 to determine whether imports of programmable logic controllers, components thereof, and products containing same are violating Section 337 of the 1930 Tariff Act by reason of conspiracy to fix resale prices, conspiracy to boycott resellers, and monopolization, all of which violate the Sherman Act. The products at issue include PLCs used to control the operation of machines that are typically part of factory assembly lines or other industrial applications.

Complainant Radwell International Inc. requests that after this investigation the ITC issue a limited exclusion order, which would direct CBP to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in the U.S.

Insulated Beverage Containers. The ITC has terminated patent, trademark, and copyright infringement investigation 337-TA-1084 of insulated beverage containers, components, labels, and packaging materials thereof with respect to one respondent based on a settlement agreement between it and complainant YETI Coolers LLC.

Stainless Steel Products. In trade secret misappropriation investigation 337-TA-933 of stainless steel products, certain processes for manufacturing or relating to same, and certain products containing same, the ITC has affirmed the forfeiture of the full bond amount to complainants Valbruna Slater Stainless Inc., Valbruna Stainless Inc., and Acciaierie Valbruna S.p.A.

Magnetic Tape Cartridges. The ITC has terminated patent infringement investigation 337-TA-10-36 of magnetic tape cartridges and components thereof without the imposition of import restrictions after finding no Section 337 violation.

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