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IPR Enforcement: Athletic Footwear, Foam Footwear, ATMs

Wednesday, August 17, 2016
Sandler, Travis & Rosenberg Trade Report

Athletic Footwear. The International Trade Commission is requesting comments no later than Aug. 25 on any public interest issues raised by a complaint filed on behalf of Reebok International Ltd. and Reebok International Limited alleging that the importation, sale for importation and sale within the U.S. after importation of athletic footwear are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainants 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.

Foam Footwear. In patent infringement investigation 337-TA-567, the ITC has determined to institute an advisory opinion proceeding to consider whether certain of the respondents’ footwear infringes the patent claims asserted by Crocs Inc. and is therefore covered by the general exclusion order or cease and desist order issued in July 2011.

ATMs. The ITC has terminated patent infringement investigation 337-TA-989 of automated teller machines, ATM modules, components thereof and products containing the same as to one patent asserted by complainants Nautilus Hyosung Inc. and Nautilus Hyosung America Inc.

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