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Potential IPR Probe of Communications Equipment Evaluated for Public Interest Issues

Monday, November 07, 2011
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than Nov. 14 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint against certain communications equipment, components thereof and products containing the same, including power over Ethernet telephones, switches, wireless access points, routers and other devices used in WLANs and cameras. 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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