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IPR Enforcement: L-Tryptophan Products, Electric Motors

Thursday, August 17, 2017
Sandler, Travis & Rosenberg Trade Report

L-Tryptophan Products. In investigation 337-TA-1005 of l-tryptophan, l-tryptophan products, and their methods of production, the International Trade Commission is accepting through Sept. 20 comments on the public interest issues raised by the following relief recommended by the presiding administrative law judge: a limited exclusion order against infringing goods that are imported, sold for importation, and/or sold after importation by three respondents, and a cease and desist order against one respondent. 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 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 recommended orders within a commercially reasonable time; and

- explain how the recommended orders would impact consumers in the U.S.

Electric Motors. The ITC is requesting comments no later than Aug. 25 on any public interest issues raised by a complaint filed on behalf of Intellectual Ventures II LLC alleging that the importation, sale for importation, and sale within the U.S. after importation of thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainant 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 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 requested orders would impact U.S. consumers.

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