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In order for patent owners to garner the benefits the ITC has to offer, the alleged infringer must import “articles that infringe” a valid U.S. patent or copyright. As clear as this may sound, recently there has been litigation about what exactly constitutes an “article that infringes.” For example, if a patent claim requires a scanner for scanning fingerprints and software for analyzing the prints, is the scanner –-without the completed software- an article “that infringes”? Or, if a patent claim requires obtaining a series of digital data sets representing dental aligners, are the digital data sets “articles” that infringe?

The Federal Circuit recently took up these two issues. The cases help define the term “articles that infringe,” and thus, the jurisdiction of the ITC in a 337 investigation. In one case, boys nike air jordans
, the Federal Circuit held en banc that the ITC has the authority to block the importation of a part of a patented article if it is imported for a downstream use that would infringe the claim of a patent. More recently, in ClearCorrect v. ITC , a Federal Circuit panel ruled that the ITC does not have the authority to block importation of digital transmissions, even if the digital transmissions infringe a patent.

Suprema v. ITC

In Suprema, a South Korean company imported fingerprint scanners along with software development kits into the United States. U.S. companies then used the software development kit in a manner that allowed the fingerprint scanner to become functional, and resultantly infringe the U.S. patent. The owner of the patent asked the ITC to halt the importation of the fingerprint scanners. The manufacturer argued that because the patent required that the software be activated, there were no “articles that infringe ” at the time of importation. Furthermore, the importing company argued that the scanners have substantial non-infringing uses, i.e ., that the scanners are “staple articles.” Essentially, the issue was whether importing a part of a patented article qualifies as an “article that infringes”, and thus, whether the ITC has jurisdiction over the imported items.

The Federal Circuit found that Section 1337’s “articles that infringe” language does not limit the ITC’s jurisdiction to end-products that infringe a patent. As long as the other requirements of induced infringement are met ( i.e ., knowledge or willful blindness of infringement of a patent), a staple article that is imported as component of a patented article falls under the jurisdiction of the ITC.

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UK HealthCare

We know that the teenage years can be an exciting and difficult time in a child's life, with special health risks and problems.

That's why we developed the Adolescent Care Clinic, to give teens (between the ages of 10 and 21 years) the specialized, comprehensive care they need.

UK Adolescent Medicine was featured in UK HealthCare's fall 2015 OnCall magazine. The article highlights Dr. Omar's journey in building the UK Adolescent Medicine program and the impact his work has had on Kentucky's teens and their families.

Get Directions to Kentucky Clinic .

Our team of physicians, nurses, social workers, nutritionists, and psychologists has expertise in a wide range of adolescent concerns. We treat every patient as a unique person with unique needs - emotional, physical and psychological.

A physician is on call in the evenings and weekends.

Counseling is available for the following:

Gynecological care: Our gynecological care also counsels teens and encourages them to maintain a healthy lifestyle, avoiding risky behaviors and postponing sexual activity. Some of the services we provide include:

Gynecological care:

Other services:

The teenage years can be fun and exciting, but teens searching for independence may experiment with alcohol, drugs and sex. These behaviors can have long-lasting and serious affects on your child's physical and emotional health including drug addiction, pregnancy, sexually transmitted diseases (STDs like Chlamydia, AIDS and gonorrhea) or potentially fatal accidents.

It's important to talk honestly to teenagers about the risks. Our counselors are experts at communicating with teens and will work with you and your family to help with any special concerns you might have. We believe that the most important people in a teen's life are his family and we encourage parents to be actively involved in their child's life.

We respect the privacy of your teenager and your family. You can be sure that all discussions and care, especially in respect to STDs, drug use, and birth control, are absolutely confidential. UK Children's Hospital has a very strict privacy policy that insures no one from our team or the hospital will ever reveal information about your family.

Partnership

Adolescent medicine has partnered with UK Adolescent Behavioral Health to ensure every patient has the best care.

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A Regina business owner who was among those targeted in a six-store pot-themed raid by Regina police Wednesday saidthe cops went overboard at his store.

But the police saidthe search was done after a judge was swayed by evidence "compelling enough" to grant a warrant.

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Jonathan Metz owns Green Street Clinic on Francis Street. His store helps connect people with doctors who can help them obtain Health Canadalicences to possess and consume cannabis.

Green Street doesn't sell pot but does offer hemp-based edibles that help treat arthritisand anxiety in dogs, says Metz.

Metz says two plain-clothes officers entered his store Wednesday night and asked to buy some pot. After he told them he doesn't sell pot, he says he told them he could help them get a licence.

When he asked them for ID to help fill out forms needed to apply for a licence, they told him he was under arrest, Metz says.

Metz was read his rights, asked if he wanted to call a lawyer and put in handcuffs, he says.

"They were saying that we were trafficking. I asked them, 'Well, who did we sell any cannabis or marijuana to? How did you guys get this warrant when we haven't sold anything to anybody?' We even have liability forms that people sign that say we don't sell marijuana," said Metz.

The police took his personal laptop and phone and some patient information, including people's addresses, conditions and the medications they're on, he says.

"They even took — the guy from the ATM, he walked in right when they were here. They detained him and took his money as well. And he was just here to fill the ATM.

"It's crazy," said Metz.

Metz was ultimately released and is not among those charged yet, though police say more charges from the raids are anticipated.

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"I understand they have a job to do but taking my personal stuff from my other businesses, like, I own a gym and a personal training company and today I had to try and get a hold of my clients but I couldn't contact them because all that stuff is in that laptop and on that phone."

Elizabeth Popowich, a spokesperson for the Regina Police Service, saidthe authority to conduct a search is not granted lightly.

"Essentially police have to provide evidence compelling enough to persuade a judge to permit police to enter a place and specific enough that they name what they expect to find in the search," she said.

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