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IPR Import Restrictions Considered for Stainless Steel Products

Wednesday, February 10, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is currently conducting investigation 337-TA-933 to investigate claims by Valbruna Slater Stainless Inc., Valbruna Stainless Inc. and Acciaierie Valbruna S.p.A. of Section 337 violations in the importation, sale for importation and sale within the U.S. after importation of certain stainless steel products, certain processes for manufacturing or relating to same, and certain products containing same by reason of the misappropriation of trade secrets.

The ITC has affirmed a finding by the presiding administrative law judge that one of the respondents acted in bad faith by intentionally concealing and failure to preserve evidence and that a sanction of default against that respondent is warranted. The ITC is also requesting comments on several related issues, including its jurisdiction to order disgorgement by a foreign entity and whether the circumstances in this case provide grounds for immediate relief against the identified respondent.

In addition, the ITC is accepting comments by Feb. 18 on (a) the form of remedy, if any, that should be ordered, (b) the effect 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 continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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