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Exclusion Orders Considered on Video Game Systems

Monday, December 05, 2011
Sandler, Travis & Rosenberg Trade Report

Exclusion Orders Considered on Video Game Systems. The International Trade Commission is requesting comments no later than Dec. 7 on the potential issuance of a limited exclusion order and/or cease and desist order on certain video game systems and controllers that have allegedly infringed certain patents. Comments should address whether such orders could 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 requested remedial orders are used in the U.S.;

• identify any public health, safety or welfare concerns in the U.S. relating to the requested orders;

• identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. or are otherwise available in the U.S. that could replace the subject articles if they were to be excluded;

• indicate whether the complainant, the complainant’s licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested remedial orders within a commercially reasonable time; and

• state how the requested remedial orders would impact U.S. consumers.

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