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Potential IPR Probes of Network Devices Evaluated for Public Interest Issues

Tuesday, December 30, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than Jan. 7 on any public interest issues raised by separate Section 337 intellectual property rights infringement complaints filed against certain network devices, related software and components thereof. Comments should address whether the issuance of a limited exclusion order and/or cease and desist orders pursuant to either of these complaints 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 complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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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