News
Print PDF

Practice Areas

IPR Enforcement: Radiotherapy Systems, Sweeteners

Tuesday, November 01, 2016
Sandler, Travis & Rosenberg Trade Report

Radiotherapy Systems. In patent infringement investigation 337-TA-968 of radiotherapy systems and treatment planning software and components thereof, the presiding administrative law judge has recommended the issuance of a limited exclusion order against infringing goods imported by certain respondents and a cease and desist order directed to one respondent.

The ITC is inviting comments no later than Dec. 12 on how the proposed remedy 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 recommended orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the recommended 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 recommended orders would impact U.S. consumers.

Sweeteners. The ITC is requesting comments on any public interest issues raised by a complaint filed on behalf of Celanese International Corporation, Celanese Sales U.S. Ltd., and Celanese IP Hungary Bt alleging that the importation, sale for importation, and sale within the U.S. after importation of high-potency sweeteners, processes for making same, and products containing same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and/or cease and desist orders 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.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines