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Potential IPR Probe of Electric Fireplaces Evaluated for Public Interest Issues

Monday, December 19, 2011
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Electric Fireplaces Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than Dec. 27 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint against certain electric fireplaces, components thereof and manuals for same, processes for manufacturing or relating to same, and products containing same. 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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