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IPR Import Restrictions on Memory Modules, Beverage Containers Under Consideration

Monday, November 06, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received Oct. 31 petitions requesting that it institute separate Section 337 investigations of the following products.

- memory modules and components thereof (complainant Netlist Inc., respondents located in Korea and the U.S.)

- self-anchoring beverage containers (complainant Mighty Mug Inc., respondents located in China and the U.S.)

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks, and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted.

The ITC is requesting comments no later than Nov. 14 on any public interest issues raised by these complaints. Comments should address whether the issuance of the exclusion orders and cease and desist orders requested 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.

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