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IPR Enforcement Actions on Laser-Driven Light Sources, Skin Care Devices

Tuesday, December 29, 2015
Sandler, Travis & Rosenberg Trade Report

Laser-Driven Light Sources. The International Trade Commission is requesting comments no later than Jan. 5, 2016, on any public interest issues raised by a complaint filed on behalf of Energetiq Technology Inc. alleging that the importation, sale for importation and sale within the U.S. after importation of laser-driven light sources, subsystems containing laser-driven light sources and products containing same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and 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.

Electric Skin Care Devices. In patent infringement and trade dress investigation 337-TA-959 of electric skin care devices, brushes and chargers therefor, and kits containing the same, the ITC has found one respondent in default for failing to respond to the complaint and notice of investigation.

The ITC has also terminated this investigation with respect to two other respondents based on separate consent orders with respondent Pacific Biosciences Laboratories Inc.

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