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New IPR Infringement Petition on Wiper Blades

Monday, October 31, 2011
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received Oct. 26 a petition requesting that it institute a Section 337 investigation regarding certain wiper blades. The proposed respondents are from Korea, China, Taiwan and the U.S.

The ITC is inviting comments no later than Nov. 7 on any public interest issues raised by this complaint. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint would negatively 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;

• indicate the extent to which like or directly competitive articles are produced in or otherwise available in the U.S.; and

• indicate whether the complainants, the complainants’ licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to exclusion orders and cease and desist orders within a commercially reasonable time.

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