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ITC Considers Import Restrictions on Compact Fluorescent Bulbs for Patent Infringement

Monday, April 14, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has determined to review in part a finding that the importation, sale for importation and sale within the U.S. after importation of certain compact fluorescent reflector lamps, products containing same and components thereof are infringing specified patents. Among other things, the ITC will review the presiding administrative law judge’s determination that complainant Neptun Light Inc. has not made a sufficient showing on the economic prong of the domestic injury requirement as well as the ALJ’s findings on infringement.

The ALJ has recommended the issuance of a limited exclusion order barring the infringing products of three named respondents from entry into the U.S. but did not recommend the issuance of any cease and desist orders, which among other things would prohibit the respondents from selling infringing imported articles out of U.S. inventory. The ITC is now soliciting public comments through April 22 on (a) the form of remedy, if any, that should be issued; (b) 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 (c) 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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