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IPR Enforcement Actions on Wireless Devices, Laundry and Household Cleaning Products

Tuesday, December 24, 2013
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Certain Wireless Devices Evaluated for Public Interest Issues. The ITC is requesting comments no later than Jan. 2 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, 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.

IPR Probe of Laundry and Household Cleaning Products Terminated.On Aug. 29, the ITC instituted a Section 337 investigation of certain laundry and household cleaning products and related packaging produced in Mexico. The complainant and respondents on Nov. 27 filed a joint motion to terminate the investigation in its entirety based upon a settlement agreement. The administrative law judge assigned to this case subsequently granted the joint motion and the ITC has decided not to review this decision.

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