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Import Restrictions on Kinesiotherapy Devices Under Consideration by ITC

Friday, March 29, 2013
By Shawn McCausland
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has determined to review a final initial determination that the importation, sale for importation and sale within the U.S. after importation of certain kinesiotherapy devices and components thereof are not violating certain patents owned by complainant Standard Innovation Corporation. The ITC is also extendingthe target date for completing this investigation to June 7.

However, the ITC is also requesting public comments no later than April 8 on the following issues that will be considered if the determination of no violation is reversed.

Remedy – the form of remedy, if any, that should be ordered (i.e., an order excluding the subject articles from entry into the U.S. and/or cease and desist orders requiring the respondents to stop engaging in unfair acts in the importation and sale of such articles)

Public Interest – the effects of any ITC-ordered remedy on the public interest, specifically the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers

Bonding – the amount of the bond under which subject goods could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy

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