News
Print PDF

Practice Areas

IPR Import Enforcement Actions on Electric Skin Care Devices, Mobile Handsets

Thursday, May 07, 2015
Sandler, Travis & Rosenberg Trade Report

Electric Skin Care Devices. The International Trade Commission is requesting comments no later than May 15 on any public interest issues raised by a complaint filed on behalf of Pacific Bioscience Laboratories Inc. alleging that the importation, sale for importation and sale within the U.S. after importation of certain electric skin care devices, brushes and chargers therefor, and kits containing same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of a permanent general exclusion order, cease and desist orders and a bond on the respondents’ alleged infringing articles during the 60-day presidential review period 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.

Mobile Handsets. Following a remand from the Court of Appeals for the Federal Circuit after its reversal of its determination that certain 3G mobile handsets and components thereof were not infringing patents owned by InterDigital Communications Corp. and InterDigital Technology Corp., the ITC is seeking input by June 3 on the public interest issues raised by a 2009 recommendation by the presiding administrative law judge to issue (a) a limited exclusion order against subject items manufactured or imported by or on behalf of respondents Nokia Corporation and Nokia Inc. and (b) a cease and desist order against the respondents. 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.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines