The International Trade Commission seeks comment by Oct. 20 on a general exclusion order banning imports of mobile device holders infringing patents held by Nite Ize, which requested the underlying Tariff Act Section 337 investigation. The company alleged lesser-known companies with names like Shenzhen Topworld Technology in the U.S. and China import and sell mobile device holders that copy its Steelie line used to hold mobile phones, tablets and other devices in a hands-free orientation, often attached to vehicle dashboards, said ITC in Friday's Federal Register. Shenzhen Topworld didn't comment.
An inventor formerly based in Pennsylvania requests a Tariff Act Section 337 ban on imports of dynamic random access memory devices by SK hynix that he says copy his patented designs. In a complaint filed Sept. 18, Wen Lin said SK hynix is importing and selling infringing DRAM devices in the form of an integrated circuit. Lin requests a limited exclusion order and cease and desist order banning import and sale of infringing DRAM devices by SK hynix. He pledges to donate any licensing fees stemming from the case to charity. The International Trade Commission seeks comments by Oct. 2, it said in Friday's Federal Register. SK hynix didn't comment.
The Office of the U.S. Trade Representative is seeking comments from foreign governments through Oct. 27, and from everyone else through Oct. 20, on whether and how the agency should identify Thailand based on its intellectual property protection regime or market access it provides Americans who rely on IP protection, USTR said in Thursday's Federal Register. USTR announced Sept. 15 it was starting an out-of-cycle review of Thailand’s “Special 301” status because of positive steps the country took. The agency put Thailand on the Special 301 priority watch list in its 2017 Special 301 report in April. Thailand requested the review “in light of its efforts to achieve substantial progress” in its IP regime, USTR said.
The National Customs Brokers & Forwarders Association of America told FCC officials Tuesday of concerns about elimination of Form 740 filing requirements for importing RF devices, as expected (see 1709110022), NCBFAA said in an ex parte filing posted Thursday in docket 15-170. Brokers worry that "if no other party makes 'a determination,' the broker may be liable as one of the parties responsible for the determination, even though the broker does not have sufficient knowledge of the product to make that determination," the group said. Officials from the Office of Engineering and Technology participated in the meeting, attended by lawyers and a representative of UPS Supply Chains Solutions.
Customs and Border Protection is starting a Commercial Customs Operations Advisory Committee Emerging Technologies Working Group that will examine the technology underpinning virtual currencies, acting CBP Commissioner Kevin McAleenan said during a COAC meeting last week in San Diego. "Initially, one of the things that this working group will tackle is the emerging field of blockchain and how that applies to global supply chains," he said. It's a "technology that we think could be very promising for harmonizing key aspects of the global supply chain as we move goods across multiple borders."
When the U.K. leaves the EU, new arrangements will be needed to govern the free flow of personal data between the two jurisdictions, said a paper from the British government's Department of Exiting the European Union Thursday. It said a new data exchange model "could build on the existing adequacy model, by providing sufficient stability for businesses, public authorities and individuals" and help regulators on both sides continue to cooperate and communicate. The department said regulatory cooperation between the two sides is important because the general data protection regulation, which will become effective in nine months (see 1708210030), will continue to apply to U.K. businesses and provide "greater ongoing certainty." The agency said the U.K., set to replace a 1998 data protection law, wants both sides to recognize each other's frameworks early on after the exit is complete and to ensure data flows with other countries "with existing EU adequacy decisions" can continue.
The Office of the U.S. Trade Representative is asking for input by Oct. 2 as it builds its 2017 notorious markets list. The list identifies “online and physical marketplaces that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting,” USTR said in Wednesday's Federal Register. The 2016 list identified counterfeit marketplaces including Taobao and The Pirate Bay (see 1612210068).
President Donald Trump said he's directing U.S. Trade Representative Robert Lighthizer to examine China's actions, policies and practices on theft of U.S. IP and the "forced transfers of American technology." At a Monday event where the president signed a memorandum to that effect, Trump said Washington hasn't done anything about this and it won't "turn a blind eye" any longer. "We will stand up to any country that unlawfully forces American companies to transfer their valuable technology as a condition of market access," he said. The U.S. will fight counterfeit and pirated goods and services and protect copyrights, patents, trademarks, trade secrets and American jobs, he added. Among those in attendance were Commerce Secretary Wilbur Ross and House IP Subcommittee Chairman Darrell Issa, R-Calif. China should take the Trump administration's assessment seriously and improve the trade relationship, said Information Technology Industry Council CEO Dean Garfield in a statement. He said both the U.S. and China should address the issues in the months before the November Asia-Pacific Economic Cooperation Economic Leaders’ Meeting in Vietnam.
Technology-related trade barriers that prevent U.S. companies from selling products and services abroad should be a government focus, the Information Technology Industry Council responded (release here) to the Office of the U.S. Trade Representative request for comments about trade agreement violations and abuses. Comments were sought after an April executive order. Data localization, cloud computing restrictions, regulations on online service providers and customs, copyright issues and surrender of source code, encryption keys and IP were among barriers U.S. companies face overseas, said ITI. The U.S. Chamber of Commerce called the 1996 Information Technology Agreement "an outstanding example of a trade agreement that lowers tariffs, benefits U.S. exporters and American workers, and promotes innovation" in the U.S. It said the ITA expansion agreed to by 53 World Trade Organization members in December 2015 "will multiply [ITA] benefits" when implemented by 2019, but more "vigorous enforcement" of all agreements is needed, "a goal that sometimes receives only lackluster support in practice."
Department of Commerce general counsel nominee Peter Davidson, former Verizon senior vice president-federal government relations, said at his confirmation hearing Wednesday that he would ensure FirstNet is implemented as quickly as possible and the statute is "followed to the letter." Davidson responded to Sen. James Inhofe, R-Okla., who asked what Davidson's role would be in that program. Davidson, nominated by President Donald Trump a month ago, received a favorable hearing and got few questions. Davidson told senators he would support policies that remove investment and innovation barriers to U.S. tech companies and protect against any unfair and restrictive policies of foreign governments. He said he would support Commerce Secretary Wilbur Ross' commitments to increased U.S. market access, defend American workers against unfair practices and seek new trade agreements. Before Verizon, Davidson was general counsel to the Office of the U.S. Trade Representative, among other government positions.