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IPR Enforcement Actions on Crawler Cranes, Dimmable Light Bulbs

Tuesday, June 18, 2013
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Crawler Cranes Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than June 26 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Manitowoc Cranes LLC against certain crawler cranes and components thereof. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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, the complainant’s 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.

Initial Finding of No Violation on Dimmable Compact Fluorescent Lamps. The International Trade Commission has determined to review parts of an initial determination by the presiding administrative law judge that the importation, sale for importation and sale within the U.S. after importation of certain dimmable compact fluorescent lamps and products containing same are not violating Section 337 because the economic prong of the domestic industry requirement was not satisfied and the respondents’ products do not infringe the asserted patent claims. The ITC has also determined to terminate this investigation on the basis of settlement as to respondents Technical Consumer Products Inc., Shanghai Qiangling Electronics Co. Ltd. and Zhejiang Qiang Ling Electronic Co. Ltd.

The ITC is inviting public comments no later than June 25 on the form of remedy, if any, that should be ordered (i.e., an exclusion order and/or cease and desist order); the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and the amount of the bond under which the subject articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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