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IPR Import Restrictions Sought on Subsea Telecom Systems, Solid State Storage Drives

Thursday, December 28, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received petitions requesting that it institute section 337 investigations of the following products.

- subsea telecommunications systems and components thereof (petition filed Dec. 22 on behalf of Neptune Subsea LP Ltd., Neptune Subsea Acquisitions Ltd., and Xtera Inc.; proposed respondents located in Finland, the Netherlands, France, Japan, and the U.S.)

- solid state storage drives, stacked electronics components, and products containing same (petition filed Dec. 21 on behalf of BiTMICRO LLC; proposed respondents located in Korea, China, Taiwan, Japan, and 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 on any public interest issues raised by these complaints. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested in each case 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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