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Potential IPR Probe of Surveillance Systems Evaluated for Public Interest Issues

Wednesday, December 18, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than Dec. 26 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Tyco Fire & Security GmbH, Sensormatic Electronics LLC and Tyco Integrated Security LLC against certain acousto-magnetic electronic article surveillance systems, components thereof and products containing same. Comments should address whether the issuance of a limited exclusion order 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.

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