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IPR Import Restrictions on Toner Cartridges and Components Under Consideration

Tuesday, June 30, 2015
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-918 of certain toner cartridges and components, the International Trade Commission has upheld the presiding administrative law judge’s finding of violations of Section 337 by a number of respondents. The ITC is now accepting through July 13 written submissions on the following issues.

- the form of remedy, if any, that should be ordered (e.g., an order that could result in the exclusion of the subject articles from entry into the United States and/or one or more cease and desist orders that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles)

- 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

- the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy

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