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IPR Import Restrictions Considered for Body Ink Applicators, Media Playback Devices

Thursday, August 22, 2013
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-832 of certain ink application devices and components thereof and methods of using the same, the International Trade Commission has determined not to review an initial determination finding the last remaining respondent, a Canadian company, in default. The products at issue in this investigation are used in tattooing and permanent makeup application and consist of disposable needle cartridges designed to reduce health risks associated with the application.

Similarly, in patent infringement investigation 337-TA-878 of certain electronic devices having placeshifting or display replication and products containing same, the ITC has determined not to review an ID finding the last remaining respondent, a California company, to be in default. The products at issue in this investigation allow users to view and listen to live, recorded or stored content, such as a recorded television program, on a remote device.

Because the ITC may issue relief against respondents found in default, in both of these investigations the ITC is inviting public comments through Aug. 30 on the following issues.

- the form of remedy, if any, that should be ordered (i.e., an exclusion order and/or cease and desist orders)

- the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers

- the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period in which the U.S. trade representative has to review any ITC-ordered remedy

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