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IPR Enforcement Actions on Hospital Beds, Touchscreen Controllers, Skin Care Devices

Monday, February 08, 2016
Sandler, Travis & Rosenberg Trade Report

Hospital Beds. The International Trade Commission is requesting comments no later than Feb. 16 on any public interest issues raised by a complaint filed on behalf of Stryker Corporation alleging that the importation, sale for importation and sale within the U.S. after importation of hospital beds 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 complainant 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 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 requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

Touchscreen Controllers. The ITC has terminated patent infringement investigation 337-TA-957 of touchscreen controllers and products containing the same with respect to certain patent claims asserted by complainant Synaptics Incorporated.

Electric Skin Care Devices. The ITC has terminated patent and trade dress infringement investigation 337-TA-959 of electric skin care devices, brushes and chargers therefor, and kits containing the same with respect to one respondent based on a settlement agreement with complainant Pacific Bioscience Laboratories Inc.

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