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IPR Enforcement: Wireless Consumer Electronics, Opaque Polymers

Monday, December 02, 2013
Sandler, Travis & Rosenberg Trade Report

Review of Determination of No Violation on Wireless Consumer Electronics. The International Trade Commission has decided to review a decision issued by the administrative law judge assigned to the Section 337 investigation of certain wireless consumer electronic devices and components thereof from Taiwan, Switzerland, China, Japan, Korea and Canada.

The ALJ issued a determination of no violation of Section 337 on Sept. 6 but the ITC has decided to review certain aspects of this decision. The ITC is interested in receiving written submissions by Dec. 23 (reply submissions are due by Dec. 30) that address the form of remedy, if any, that should be ordered. If some sort of remedy is contemplated, the ITC will consider the effect that an exclusion order and/or cease and desist order would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation and (4) U.S. consumers. The ITC has also extended the target date to complete this investigation until Jan. 29.

 

Section 337 Investigation of Opaque Polymers Amended. The ITC has amended its Section 337 probe of certain opaque polymers from Turkey and the Netherlands to add a new claim of trade secret misappropriation against the respondents. 

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