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IPR Import Restrictions Sought on Cholesterol Testing Strips, Bag-in-Container Devices

Thursday, May 03, 2018
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received petitions requesting that it institute separate Section 337 investigations of the following products.

- blood cholesterol testing strips and associated systems containing the same (complainant Polymer Technology Systems Inc.; proposed respondents located in China and the U.S.)

- blow-molded bag-in-container devices, associated components, and end products containing or using same (complainants Anheuser-Busch InBev S.A. and Anheuser-Busch LLC; proposed respondents located in the Netherlands)

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks, and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted.

The ITC is requesting comments no later than May 11 on any public interest issues raised by these complaints. Comments should address whether the issuance of the exclusion orders 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.

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