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Imports of Patent Infringing Hobby Kits Prohibited

Wednesday, May 27, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has issued a general exclusion order prohibiting the entry of loom kits for creating linked articles that have been found to infringe a specified patent. These goods are children’s hobby kits used to link together elastic bands to make articles such as bracelets.

The issuance of the GEO follows the ITC’s affirmation of the presiding administrative law judge’s finding that complainant Choon’s Design LLC has shown a substantial investment in the exploitation of the patent at issue through engineering and research and development of articles protected by the patent. The ITC has further determined that the public interest factors enumerated in 19 USC 1337(d)(1) do not preclude the issuance of a GEO.

Finally, the ITC has determined that a bond in the amount of 100 percent of the entered value is required to permit imports of infringing goods during the 60-day period the president has to review the ITC remedy.

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