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IPR Enforcement: Bar Code Readers, Krill Oil Products

Friday, May 26, 2017
Sandler, Travis & Rosenberg Trade Report

Bar Code Readers. The International Trade Commission is requesting comments no later than June 5 on any public interest issues raised by a complaint filed on behalf of Honeywell International Inc., Hand Held Products Inc. dba Honeywell Scanning & Mobility, and Metrologic Instruments Inc. dba Honeywell Scanning & Mobility alleging that the importation, sale for importation, and sale within the U.S. after importation of bar code readers, scan engines, products containing the same, and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainants 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 complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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.

Krill Oil Products. The ITC has terminated without the imposition of import restrictions patent infringement investigation 337-TA-1019 of krill oil products and krill meal for production of krill oil products. This action is based on the withdrawal of the complaint with respect to certain respondents and a settlement agreement between the remaining respondent and complainants Aker Biomarine Antarctica AS and Aker BioMarine Manufacturing LLC.

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