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IPR Import Restrictions Under Consideration for Computers and Peripheral Devices

Monday, August 19, 2013
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-841 of certain computers and computer peripheral devices, components thereof and products containing the same, International Trade Commission is inviting input on the public interest issues raised by the recommended relief. The presiding administrative law judge has recommended that if the ITC finds a violation of Section 337 in this investigation it should issue (a) a limited exclusion order directed to respondents’ infringing products (e.g., memory card readers) and downstream products that include such products, and (b) cease and desist orders against certain respondents. The ITC is therefore accepting through Sept. 4 comments on whether the issuance of such 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 recommended orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the recommended 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 recommended orders within a commercially reasonable time; and

- explain how the LEO and/or cease and desist orders would impact consumers in the U.S.

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