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IPR Enforcement: Medical Equipment, Electronic Devices, Stainless Steel Products

Tuesday, May 31, 2016
Sandler, Travis & Rosenberg Trade Report

Medical Equipment. The International Trade Commission is requesting comments no later than June 8 on any public interest issues raised by an amended complaint filed on behalf of Laerdal Medical Corp. and Laerdal Medical AS alleging that the importation, sale for importation and sale within the U.S. after importation of carbon spine board, cervical collar and various medical training manikin devices, and accompanying product catalogues, product inserts, literature and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the exclusion orders 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.

Electronic Devices. The ITC has terminated patent infringement investigation of electronic devices, including wireless communication devices, computers, tablet computers, digital media players and cameras, on the basis of a settlement agreement between complainants Ericsson Inc. and Telefonaktiebolaget LM Ericsson and the respondent, which is located in the U.S.

Stainless Steel Products. In trade secret misappropriation investigation 337-TA-933 of stainless steel products, certain processes for manufacturing or relating to same, and certain products containing same, the ITC has issued (1) a limited exclusion order prohibiting, for 16.7 years, the importation of subject goods manufactured by or on behalf of one respondent using any of the misappropriated trade secrets identified in Valbruna Slater Stainless Inc.’s complaint and (2) a cease and desist order prohibiting the same respondent from, among other things, importing or selling the subject goods. The ITC has also determined to apply a bond in the amount of 13.4 percent of the entered value or excluded products imported or sold during the 60-day period the president has to review this remedy.

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