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IPR Enforcement: Adjustable Desks, Satellite Communication Devices

Wednesday, April 05, 2017
Sandler, Travis & Rosenberg Trade Report

Adjustable Desks. The International Trade Commission is requesting comments no later than April 13 on any public interest issues raised by a complaint filed on behalf of Varidesk LLC alleging that the importation, sale for importation, and sale within the U.S. after importation of height-adjustable desk platforms and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and/or cease and desist orders requested by the complainant 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.

Satellite Communication Devices. In patent infringement investigation 337-TA-854 of certain two-way global satellite communication devices, systems, and components the ITC has denied a petition to rescind or modify a 2014 order imposing a $6.2 million civil penalty against a respondent for violating a consent order. This penalty followed the ITC’s determination that after the consent order was issued the respondent continued to sell or offer for sale within the U.S. after importation devices that infringe a patent owned by complainant Briartek IP Inc.

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