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New IPR Import Restrictions Sought on Personal Computers and Mobile Devices

Friday, October 13, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received Oct. 10 on behalf of Aqua Connect Inc. and Strategic Technology Partners LLC a petition requesting that it institute a Section 337 investigation regarding network personal computers and mobile devices. The proposed respondent is located in 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 Oct. 24 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order (which would direct U.S. Customs and Border Protection to stop infringing imports from entering the U.S.) and cease and desist order (which would order a halt to unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory) requested by the complainants 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 complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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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