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IPR Import Restrictions Under Consideration for Soft-Edged Trampolines

Wednesday, February 11, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is reviewing in part a determination by the presiding administrative law judge that the importation, sale for importation and sale within the U.S. after importation of certain soft-edged trampolines and components thereof are not violating Section 337 of the 1930 Tariff Act. The ALJ found that while the products at issue infringe two claims of a patent owned by Springfree Trampoline Inc., Springfree failed to satisfy the economic prong of the domestic industry requirement. The ALJ also recommended that if the ITC does find a section 337 violation it should issue a limited exclusion order with an exception for replacement, repair and warranty parts.

The ITC is soliciting through Feb. 19 comments on the form of remedy, if any, that should be ordered in this investigation (i.e., an exclusion and/or cease and desist order); 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 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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