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Intellectual Property News
ITC Institutes Investigation On Certain Lighting Control Devices
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain lighting control devices including dimmer switches and/or switches. The products at issue in this investigation are devices for controlling light and its intensity.
The investigation is based on a complaint filed by Lutron Electronics Co. of Coopersburg, PA, on March 2, 2007. An amended complaint was filed on March 19, 2007. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain lighting control devices including dimmer switches and/or switches that infringe patents owned by Lutron. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.
The ITC has identified Leviton Manufacturing Co., Inc., of Little Neck, NY, and Control4 of Salt Lake City, UT, as the respondents in this investigation.
By instituting this investigation (337-TA-599), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
Billions of dollars are spent annually in bogus products.
They are estimated to account for up to 7percent of world trade and costs IP right holders around the world .
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Definition:
Patents - a rule under which patent priority, and thus entitlement to a patent, is determined by which inventor was the first to file a patent application, rather than who was first to actually invent.
Special 301
Definition:
U.S. statutory provisions requiring annual review of trade agreement rights and foreign trade practices of U.S. trading partners that deny benefits to the United States or unjustifiably restrict or burden U.S. commerce.
Suggestive Mark
Definition:
A mark that, when applied to the goods or services at issue, requires imagination, thought or perception to reach a conclusion as to the nature of those goods or services.
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