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IPR Import Restrictions Considered for Beverage Brewing Capsules

Thursday, September 17, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has announced that the presiding administrative law judge in investigation 337-TA-929 has found that the importation, sale for importation, and sale within the U.S. after importation of beverage brewing capsules, components thereof and products containing the same are not violating patents asserted by Adrian Rivera and ARM Enterprises Inc. However, the ALJ also said that if the ITC does find a violation it should issue a limited exclusion order against DongGuan Hai Precision Mould Co. Ltd. and a limited exclusion order and a cease and desist order against Solofill LLC with respect to one patent.

The ITC is now soliciting through Oct. 5 comments on whether the issuance of the recommended orders would affect 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 recommended orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the recommended 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 recommended orders within a commercially reasonable time; and

- explain how the recommended orders would impact consumers in the U.S.

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