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IPR Enforcement: Air Mattress Bed Systems, ATMs

Thursday, December 15, 2016
Sandler, Travis & Rosenberg Trade Report

Air Mattress Bed Systems. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-999 of air mattress bed systems and components thereof. This action is based on a consent order and settlement agreement between complainants Select Comfort Corporation and Select Comfort SC Corporation and the respondents, which are located in the U.S.

ATMs. In patent infringement investigation 337-TA-972 of automated teller machines, ATM products, components thereof, and products containing same, the presiding administrative law judge has recommended the issuance of a limited exclusion order against subject goods imported by three respondents as well as a cease and desist order against those respondents.

The ITC is now inviting comments by Jan. 5 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.

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