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IPR Import Restrictions Considered for Table Saws

Monday, November 14, 2016
Sandler, Travis & Rosenberg Trade Report

In investigation 337-TA-965, the International Trade Commission has found that the importation, sale for importation, or sale after importation of table saws incorporating active injury mitigation technology and components thereof are violating Section 337 of the 1930 Tariff Act by reason of infringement of patents asserted by complainants SawStop LLC and SD3 LLC.

The presiding administrative law judge has recommended the issuance of a limited exclusion order and a cease and desist order against the respondent and that these orders specifically cover the contributorily infringing activation cartridges. The ALJ also recommended a bond of zero percent during the presidential review period.

The ITC is now seeking comments by Nov. 22 on (1) the form of remedy, if any, that should be ordered; (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 could continue to enter the U.S. during the 60-day period the president has to review the recommended remedy.

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