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Import Restrictions Recommended for Patent Infringing Microfluidic Devices

Thursday, December 06, 2018
Sandler, Travis & Rosenberg Trade Report

In investigation 337-TA-108, the International Trade Commission’s presiding administrative law judge has found that the importation, sale for importation, and sale within the U.S. after importation of microfluidic devices are violating patents asserted by complainants Bio-Rad Laboratories Inc. and Lawrence Livermore National Security LLC. Consequently, the ALJ has recommended that the ITC issue a limited exclusion order directed to the respondent’s infringing products and a cease and desist order directed to that respondent.

The ITC is requesting public comments by Dec. 17 on (a) the form of remedy, if any, that should be ordered in this investigation, (b) the effects of any such remedy on 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, and (c) the amount of the bond under which infringing goods could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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