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Import Restrictions Sought on Battery Cells Charged with IPR Infringement

Wednesday, September 11, 2019
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received a new intellectual property rights infringement complaint on pouch-type battery cells, battery modules, and battery packs, components thereof, and products containing the same. The complainants are SK Innovation Co. Ltd. and SK Battery America Inc. and the proposed respondents are located in Korea and the U.S.

The ITC is accepting through Sept. 17 public comments on whether the issuance of a limited exclusion order and cease and desist orders against such goods 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 these articles are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the requested remedial 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 remedial orders would impact U.S. consumers.

For more information on pursuing or mitigating IPR-related import restrictions, please contact customs and trade attorney Lee Sandler at (305) 894-1000.

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