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IPR Enforcement: Access Control Systems, Audio Processing Equipment

Tuesday, October 31, 2017
Sandler, Travis & Rosenberg Trade Report

Access Control Systems. In patent infringement investigation 337-TA-1016 the International Trade Commission’s presiding administrative law judge has recommended the issuance of a limited exclusion order and cease and desist orders. The ITC is seeking comments by Nov. 29 on whether the issuance of these orders 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.

Audio Processing Equipment. In patent infringement investigation 337-TA-1026, the presiding ALJ has recommended that if the ITC finds a violation it should (a) issue an LEO and cease and desist order, (b) include in the LEO exceptions for warranty, refurbishment, and government use as well as a certification provision, and (c) delay any remedy for three months to one year.

ITC is requesting comments no later than Nov. 30 on whether the issuance of the recommended orders 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.

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