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IPR Import Restrictions Proposed for Breast Imaging Devices

Thursday, August 02, 2018
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-1063 of X-ray breast imaging devices and components thereof, the International Trade Commission is soliciting comments through Sept. 6 on public interest issues raised by a recommendation that the ITC issue a limited exclusion order prohibiting the entry of infringing goods as well as a cease and desist order. The presiding administrative law judge has recommended that such orders include exceptions related to support, servicing, and repair and that the LEO include an exception for government use as well as a certification provision.

As it considers the possible issuance of these orders the ITC is interested in comments that:

- explain how the articles potentially subject to the recommended orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the recommended 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 complainants, their licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and

- explain how the recommended orders would impact consumers in the U.S.

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