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IPR Enforcement: Self-Balancing Vehicles, Audio Equipment, IV Sets, Ribbon Cables

Friday, July 07, 2017
Sandler, Travis & Rosenberg Trade Report

Self-Balancing Vehicles. In investigation 337-TA-1000 of motorized self-balancing vehicles the presiding administrative law judge has issued a final initial determination on violation and recommended the issuance of a limited exclusion order against imports from 16 defaulting respondents as well as cease and desist orders directed against those respondents. The International Trade Commission has extended through July 14 the deadline for public comments on any public interest issues raised by this recommendation.

Comments should address whether the issuance of these orders 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.

Audio Processing Equipment. The ITC has terminated patent infringement investigation 337-TA-1026 of audio processing hardware, software, and products containing the same as to one patent based on a motion by complainant Andrea Electronics Corp. to withdraw that patent from the investigation.

IV Administration Sets. In patent infringement investigation 337-TA-1048 of intravascular administration sets and components thereof, the ITC has found the only respondent in default. As a result, the ITC is requesting comments through July 14 on (1) the form of remedy, if any, that should be ordered against this respondent; (2) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of like or directly competitive articles, and U.S. consumers; and (3) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Electrical Ribbon Cables. The ITC received June 30 on behalf of 3M Company and 3M Innovative Properties Company a petition requesting that it institute a Section 337 investigation regarding shielded electrical ribbon cables and products containing the same. The proposed respondents are located in China and the U.S.

The ITC is requesting comments no later than July 17 on any public interest issues raised by this complaint. Comments should address whether the issuance of the general exclusion order and 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.

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