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Import Restrictions Considered for Patent Infringing Electronic Imaging Devices

Tuesday, November 19, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than Nov. 21 on any public interest issues raised by a recommendation to impose a limited exclusion order on certain patent-infringing electronic imaging devices. Comments should address whether the issuance of an LEO 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 LEO are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential LEO;

- 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 LEO within a commercially reasonable time; and

- explain how the LEO would impact U.S. consumers.

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