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IPR Enforcement: Diaper Disposal Systems, Air Mattress Bed Systems

Tuesday, April 26, 2016
Sandler, Travis & Rosenberg Trade Report

Diaper Disposal Systems. The International Trade Commission has agreed to add two respondents located in China and Hong Kong to patent infringement investigation 337-TA-986 of diaper disposal systems and components thereof, including diaper refill cassettes. Complainants Edgewell Personal Care Brands LLC and International Refills Company Ltd. requested this addition after learning that these companies are involved in the manufacture and/or sale of the accused products in this investigation.

Air Mattress Bed Systems. The ITC is requesting comments no later than May 4 on any public interest issues raised by a complaint filed on behalf of Select Comfort Corporation and Select Comfort SC Corporation alleging that the importation, sale for importation and sale within the U.S. after importation of air mattress bed 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/or 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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