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IPR Enforcement: Two-Way Radios, Adjustable Desks

Tuesday, April 04, 2017
Sandler, Travis & Rosenberg Trade Report

Two-Way Radios. The International Trade Commission is requesting comments no later than April 11 on any public interest issues raised by a complaint filed on behalf of Motorola Solutions alleging that the importation, sale for importation, and sale within the U.S. after importation of two-way radio equipment and systems, related software, and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the exclusion order and/or 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.

Adjustable Desks. The ITC received March 30 on behalf of Varidesk LLC a petition requesting that it institute a Section 337 investigation regarding height-adjustable desk platforms and components thereof. The proposed respondents are located in China 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 primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

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