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IPR Import Restrictions Under Consideration for Dental Implants

Friday, December 11, 2015
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-934, the International Trade Commission is accepting through Dec. 18 comments on a recommendation to issue a limited exclusion order against certain dental implants imported by two respondents. Comments should address whether the issuance of these LEOs 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 complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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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