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IPR Import Restrictions Under Consideration for Consumer Electronics and Display Devices

Tuesday, October 27, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is inviting through Nov. 16 comments from the public on the public interest issues raised by a recommendation in patent infringement investigation 337-TA-932 of consumer electronics and display devices with graphics processing and graphics processing units therein. The presiding administrative law judge has issued an initial determination finding no violation of Section 337 with respect to the importation, sale for importation or sale within the U.S. after importation of such products but has recommended that if the ITC reverses this determination it should issue a limited exclusion order and cease and desist order.

Comments should address whether the issuance of such orders 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 recommended orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the recommended orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and

- explain how the LEO and cease and desist order would impact consumers in the U.S.

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