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IPR Import Restrictions Considered for Personal Transporters

Tuesday, October 17, 2017
Sandler, Travis & Rosenberg Trade Report

In patent and trademark infringement investigations 337-TA-1007 and 337-TA-1021 of personal transporters and components thereof the International Trade Commission’s presiding administrative law judge has found in part a section 337 violation.

The ALJ has recommended that if the ITC upholds this determination it should (1) issue a general exclusion order covering accused products found to infringe the asserted patents, (2) issue a limited exclusion order if a GEO is not issued, (3) issue an LEO covering accused products found to infringe the asserted trademarks, (4) issue cease and desist orders, and (5) not require a bond during the 60-day presidential review period.

The ITC is now inviting comments by Oct. 30 on (1) the form of remedy, if any, that should be issued; (2) 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 (3) the amount of the bond under which infringing articles may continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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