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IPR Enforcement Actions on Activity Tracking Devices, LED Products

Thursday, November 05, 2015
Sandler, Travis & Rosenberg Trade Report

Wearable Activity Tracking Devices. The International Trade Commission is requesting comments on any public interest issues raised by a complaint filed on behalf of Fitbit Inc. that the importation, sale for importation and sale within the U.S. after importation of wearable activity tracking devices, systems and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of a limited exclusion order and/or a cease and desist order 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.

LED Products. The International Trade Commission has terminated patent infringement investigation 337-TA-947 of light-emitting diode products and components thereof with respect to certain patents and claims based on complainant Cree Inc.’s withdrawal of its allegations as to those patents and claims.

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