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IPR Import Restrictions on Driver Assistance System Cameras Under Consideration

Monday, May 11, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments from the public no later than June 3 on any public interest issues associated with the relief recommended by the presiding administrative law judge in patent infringement investigation 337-TA-907 of certain vision-based driver assistance system cameras and components thereof. The ALJ’s initial determination holds that the importation, sale for importation and sale within the U.S. after importation of the subject items did not infringe the patents at issue.

Comments should address whether the recommended relief 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 relief are used in the U.S.;

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

- 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 relief within a commercially reasonable time; and

- explain how the relief would impact U.S. consumers.

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