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IPR Import Restrictions Considered for Personal Transporters

Friday, October 09, 2015
Sandler, Travis & Rosenberg Trade Report

In investigation 337-TA-935 of personal transporters, components thereof and manuals therefor, the International Trade Commission has determined to uphold, with non-substantive modifications, an initial determination finding a violation of Section 337 by reason of infringement of certain patents, design patents and copyrights asserted by complainants Segway Inc. and DEKA Products Limited Partnership.

As a result, the ITC is requesting comments by Oct. 21 on (a) the form of remedy, if any, that should be ordered, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers, and (c) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period in which the president may review any ITC-ordered remedy.

Also by Oct. 21 the ITC is seeking from the complainants proposed remedial orders, the expiration dates of each of the asserted patents and copyright, the HTSUS subheadings under which the accused articles are imported, and the names of known importers of the infringing articles.

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