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IPR Enforcement Actions on Phones, Gaming Systems

Friday, May 31, 2013
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Portable Communications Devices Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than June 10 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Nokia Corporation and Nokia Inc. against certain portable electronic communications devices, including mobile phones and components thereof. Comments should address whether the issuance of exclusion orders 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.

No Import Restrictions on Gaming Consoles. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-752 of certain gaming and entertainment consoles, related software and components thereof. This action follows the ITC’s decision to uphold a determination that the importation, sale for importation and sale within the U.S. after importation of these goods are not violating a specified patent owned by Motorola Mobility Inc. and General Instrument Corporation.

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