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Potential IPR Probe of Wireless Devices Evaluated for Public Interest Issues

Wednesday, July 03, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than July 11 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Pragmatus Mobile LLC against certain wireless devices, including mobile phones and tablets. 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, the complainant’s 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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