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IPR Enforcement Actions on Windshield Wipers, Archery Products

Thursday, May 15, 2014
Sandler, Travis & Rosenberg Trade Report

Limited Exclusion Order Considered on Windshield Wipers. The International Trade Commission is soliciting comments through June 9 on a recommendation to issue a limited exclusion order in patent infringement investigation 337-TA-881 of certain windshield wiper devices and components thereof. The ITC is particularly interested in comments that:

- explain how the articles potentially subject to the recommended order are used in the United States;

- identify any public health, safety or welfare concerns in the U.S. relating to the recommended order;

- 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 recommended exclusion order and/or a cease and desist order within a commercially reasonable time; and

- explain how the limited exclusion order and cease and desist orders would impact consumers in the U.S.

Potential IPR Probe of Archery Products Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than May 23 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Bear Archery Inc. and SOP Services Inc. against certain archery products and related marketing materials. Comments should address whether the issuance of a general and/or limited exclusion order 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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