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Denial of Temporary Relief for Firearms Upheld

Thursday, November 17, 2011
Sandler, Travis & Rosenberg Trade Report

Denial of Temporary Relief for Firearms Upheld. In patent infringement investigation 337-TA-777 of certain muzzle-loading firearms and components thereof, the International Trade Commission has upheld an initial determination denying the complainants’ motion for a temporary limited exclusion order and temporary cease and desist orders against two respondents.

In issuing this ID the presiding administrative law judge found that the complainants had not demonstrated that they would suffer irreparable harm from price erosion, exclusivity erosion, loss of goodwill and reputation, lost sales and market share, or reduced investment. The ALJ also found a likelihood of success on the merits with respect to one patent claim, that the balance of hardships did not favor either party and that the public interest would not preclude preliminary relief.

The ITC now finds that irreparable harm has not been demonstrated, and as a result it will not review the ID’s finding of lack of irreparable harm and denial of temporary relief. Because this issue is dispositive, the ITC states that it need not evaluate the remaining factors.

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