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IPR Enforcement: Audio Processing Equipment, Data Storage Tapes

Friday, September 15, 2017
Sandler, Travis & Rosenberg Trade Report

Audio Processing Equipment. The International Trade Commission has terminated patent infringement investigation 337-TA-1026 of audio processing hardware, software, and products containing the same with respect to two respondents based on their settlement agreement with complainant Andrea Electronics Corp.

Data Storage Tapes. In patent infringement investigation 337-TA-1012 of magnetic data storage tapes and cartridges containing the same, the ITC’s presiding administrative law judge has recommended the issuance of a limited exclusion order and cease and desist orders against three respondents.

The ITC is now seeking comments by Oct. 10 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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