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Potential IPR Infringement Probes of Electronic Devices, Pool Enclosures

Monday, May 15, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than May 23 on any public interest issues raised by separate complaints alleging that the importation, sale for importation, and sale within the U.S. after importation of the following products are violating Section 337 of the 1930 Tariff Act.

- consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-ray players (complainant ARRIS Enterprises LLC)

- pool and spa enclosures (complainant Aqua Shield Inc.)

In each case, comments should address whether the issuance of the limited exclusion orders and cease and desist orders requested by the complainant 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, its 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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