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Potential IPR Probe of Breathing Treatment Systems Evaluated for Public Interest Issues

Wednesday, August 24, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than Aug. 31 on any public interest issues raised by a complaint filed on behalf of ResMed Corp., ResMed Inc. and ResMed Ltd. alleging that the importation, sale for importation and sale within the U.S. after importation of sleep-disordered breathing treatment mask systems and components thereof 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.

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