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IPR Enforcement Actions on Cleaning Products, Compact Fluorescent Bulbs

Wednesday, July 31, 2013
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Household Cleaning Products Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than Aug. 8 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of the Clorox Company against certain laundry and household cleaning products and related packaging. 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.

No Import Restrictions on Compact Fluorescent Bulbs. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-830 of certain dimmable compact fluorescent lamps and products containing same. This step follows the termination of the investigation as to the last two respondents on the basis of settlement and withdrawal of the complaint by Andrzej Bobel and Neptun Light Inc.

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