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Import Restrictions on Breathing Treatment Systems, Archery Products Under Consideration

Wednesday, October 22, 2014
Sandler, Travis & Rosenberg Trade Report

Breathing Treatment Systems. In investigation 337-TA-890, the International Trade Commission’s presiding administrative law judge has issued a final initial determination that the importation, sale for importation and sale within the U.S. after importation of certain sleep-disordered breathing treatment systems and components thereof are violating certain patents owned by ResMed Corporation, ResMed Incorporated and ResMed Limited. The ITC has determined to review this ID in part and is requesting that the parties to the dispute brief their positions on the issues under review.

In connection with the final disposition of this investigation the ITC may issue an order that could result in the exclusion of the subject articles from entry into the U.S. and/or one or more cease and desist orders that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the ITC is asking for written comments no later than Oct. 31 on (1) the form of remedy, if any, that should be ordered, (2) 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, and (3) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Archery Products. In patent and trademark infringement investigation 337-TA-919 of certain archery products and related marketing materials, the ITC has determined not to review an initial determination finding the sole respondent to be in default. The ITC is therefore inviting comments through Oct. 30 on (1) the form of remedy, if any, that should be ordered (i.e., an order excluding articles manufactured or imported by the defaulting respondent from entry into the U.S. or an order requiring this respondent to cease and desist from engaging in unfair acts in the importation and sale of subject articles), (2) the effect 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, and (3) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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