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IPR Import Restrictions Under Consideration for Microfluidic Devices

Wednesday, October 03, 2018
Sandler, Travis & Rosenberg Trade Report

In investigation 337-TA-1068 of microfluidic devices, the presiding administrative law judge has recommended that if a Section 337 violation is found the International Trade Commission should issue a limited exclusion order against infringing goods imported by the respondent and a cease and desist order against that respondent. The ITC is soliciting through Oct. 26 comments on whether the issuance of such 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.

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