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ITC Moving Toward Import Restrictions on Wireless Consumer Electronics Devices

Thursday, September 12, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is soliciting through Oct. 7 comments on the public interest issues raised by a recommendation to impose a limited exclusion order against imports of certain wireless consumer electronics devices and components thereof accused of violating patents owned by Technology Properties Limited LLC, Phoenix Digital Solutions LLC and Patriot Scientific Corporation.

Comments should address whether the issuance of an LEO and cease and desist orders in this investigation 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 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 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 recommended orders within a commercially reasonable time; and

- explain how the LEO and cease and desist orders would impact U.S. consumers.

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