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IPR Enforcement: Wi-Fi Enabled Devices, Omega-3 Products

Wednesday, September 06, 2017
Sandler, Travis & Rosenberg Trade Report

Wi-Fi Enabled Devices. The International Trade Commission is requesting comments no later than Sept. 13 on any public interest issues raised by a complaint filed on behalf of Sharp Corporation and Sharp Electronics Corporation alleging that the importation, sale for importation, and sale within the U.S. after importation of Wi-Fi enabled electronic devices and components thereof 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 complainants 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.

Omega-3 Products. The ITC is requesting comments no later than Sept. 14 on any public interest issues raised by a complaint filed on behalf of Amarin Pharma Inc. and Amarin Pharmaceuticals Ireland Ltd. alleging that the importation, sale for importation, and sale within the U.S. after importation of synthetically produced, predominantly EPA omega-3 products in ethyl ester or re-esterified triglyceride form are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the exclusion orders and cease and desist orders requested by the complainants 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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