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IPR Import Restrictions Considered for LED Products

Monday, August 08, 2016
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-947 of light-emitting diode products and components thereof, the presiding administrative law judge has recommended that if the ITC finds a violation of Section 337 it should issue a limited exclusion order directed against certain infringing goods imported by five specified respondents and a cease and desist order directed against one respondent. The ITC is now soliciting comments through Sept. 6 on whether the issuance of such orders 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 recommended orders;

- indicate the extent to which like or directly competitive articles are produced in the U.S. or are otherwise available in the U.S. with respect to the articles potentially subject to the recommended orders;

- 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 recommended orders would impact U.S. consumers.

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