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IPR Import Restrictions Considered on Mobile Phones and Tablet Computers

Friday, December 13, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has determined to review in part a final initial determination that the importation, sale for importation and sale within the U.S. after importation of certain mobile phones and tablet computers and components thereof are violating patents owned by Nokia Corp., Nokia Inc. and Intellisync Corp.

The presiding administrative law judge has recommended the issuance of a limited exclusion order against all infringing articles imported, sold for importation, or sold after importation by the remaining respondent. The ALJ also recommended the issuance of a cease and desist order that would require this respondent to stop engaging in unfair acts in the importation and sale of these articles.

Accordingly, the ITC is interested in receiving no later than Dec. 23 written submissions that address (a) the form of remedy, if any, that should be ordered, (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 articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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