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IPR Import Restrictions Sought for Amorphous Metal, Shaving Cartridges, Insulation Materials

Friday, October 27, 2017
Sandler, Travis & Rosenberg Trade Report

New Petitions. The International Trade Commission has instituted investigations to determine whether imports of the following goods are violating Section 337 of the 1930 Tariff Act.

- amorphous metal and products (trade secret violation investigation 337-TA-1078; complainants Metglas Inc. and Hitachi Metal Ltd.; respondents located in China)

- shaving cartridges, components thereof, and products containing same (patent infringement investigation 337-TA-1079; complainant The Gillette Company; respondents located in China and the U.S.)

In each case the complainant requests that after its investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory.

Aerogel Insulation Materials. In investigation 337-TA-1003 of composite aerogel insulation materials and methods for manufacturing the same, the ITC is inviting comments by Nov. 24 on any public interest issues raised by the presiding administrative law judge’s recommendation to issue a limited exclusion order with a certification provision prohibiting the entry of infringing goods. Comments should address whether the issuance of an LEO 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 order are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the potential order;

- 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 order within a commercially reasonable time; and

- explain how the requested order would impact U.S. consumers.

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