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IPR Enforcement Actions on Light Reflectors, Electronic Device Cases

Thursday, June 26, 2014
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Light Reflectors Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than July 7 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Sunlight Supply Inc. and IP Holdings LLC against certain light reflectors and components, packaging and related advertising thereof. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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.

New Import Restrictions on Portable Electronic Device Cases. The International Trade Commission has terminated consolidated patent infringement investigations 337-TA-867/861 after determining to issue a general exclusion order prohibiting the unlicensed entry of cases for portable electronic devices covered by one or more claims of a patent owned by Speculative Product Design LLC. The bond for temporary imports of such goods during the 60-day period the president has to review this remedy is 100 percent of the entered value.

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