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Potential IPR Probes of Adjustable Desks, Test Strips Evaluated for Public Interest Issues

Thursday, October 08, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments on any public interest issues raised by separate complaints alleging that the importation, sale for importation and sale within the U.S. after importation of the following products are violating Section 337 of the 1930 Tariff Act.

- height-adjustable desk platforms and components thereof (complainant Varidesk LLC is requesting a limited exclusion order and cease and desist order against respondent located in the U.S.)

- blood cholesterol test strips and associated systems containing same (complainant Polymer Technology Systems Inc. seeks an exclusion order and cease and desist orders against respondents located in Korea and the U.S.)

Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to these complaints would 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;

- identify like or directly competitive articles that the complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

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

- explain how the requested orders would impact U.S. consumers.

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