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IPR Import Restrictions Considered for Power Tools with Lithium-Ion Batteries

Friday, March 11, 2016
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-951 of lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same, the International Trade Commission is requesting comments no later than April 8 on any public interest issues raised by the administrative law judge’s recommended determination on remedy and bonding. Comments should address whether the issuance of a limited exclusion order 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.

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