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IPR Enforcement: Dental Ceramics, Access Control Systems, Woven Textile Fabrics

Thursday, March 23, 2017
Sandler, Travis & Rosenberg Trade Report

Dental Ceramics. The International Trade Commission is requesting comments no later than March 30 on any public interest issues raised by a complaint filed on behalf of Ivoclar Vivadent AG, Ivoclar Vivadent Inc., and Ardent Inc. alleging that the importation, sale for importation, and sale within the U.S. after importation of dental ceramics, products thereof, and methods of making the same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and/or 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.

Access Control Systems. The ITC has terminated patent infringement investigation 337-TA-1016 of access control systems and components thereof with respect to certain patent claims asserted by The Chamberlain Group Inc. based on its withdrawal of those claims.

Woven Textile Fabrics. In investigation 337-TA-976 of woven textile fabrics and products containing same the ITC has issued a general exclusion order prohibiting the entry of subject goods that are falsely advertised through a misrepresentation of thread count. Goods subject to this GEO may continue to enter the U.S. during the 60-day presidential review period under a bond in the amount of 100 percent of the entered value.

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