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IPR Enforcement Actions on Self-Balancing Vehicles, Desk Platforms

Friday, March 25, 2016
Sandler, Travis & Rosenberg Trade Report

Self-Balancing Vehicles.The International Trade Commission is requesting comments by April 4 on any public interest issues raised by a complaint filed on behalf of Razor USA LLC, Inventist Inc. and Shane Chen alleging that the importation, sale for importation and sale within the U.S. after importation of motorized self-balancing vehicles are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the exclusion orders and cease and desist orders requested by the complainants 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 complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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.

Desk Platforms. The ITC has terminated patent infringement investigation 337-TA-970 of height-adjustable desk platforms and components thereof on the basis of a settlement and release agreement and a patent license between complainant Varidesk LLC and the sole respondent.

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