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IPR Import Restrictions Sought for Insulated Beverage Containers, Semiconductor Devices

Thursday, October 05, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received petitions requesting that it institute separate Section 337 investigations regarding the following products.

- insulated beverage containers, components, labels, and packaging materials thereof (petition filed Sept. 28 on behalf of YETI Coolers LLC; proposed respondents located in Hong Kong, China, and the U.S.

- wafer-level packaging semiconductor devices and products containing same, including cellular phones, tablets, laptops, and notebooks (petition filed Sept. 28 on behalf of Tessera Advanced Technologies Inc.; proposed respondents located in Korea and the U.S.)

The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

The ITC is requesting comments no later than Oct. 12 on any public interest issues raised by these complaints. Comments should address whether the issuance of the exclusion orders 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.

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