USITC to Review Part of the ALJ’s Initial Determination

The U.S. International Trade Commission (USITC) has determined to review the portion titled “Establishing Violations Of Section 337 Through Uncontested Allegations” of the initial determination (ID) issued by ALJ David P. Shaw and the remainder of the ID will not be reviewed, according to an USITC official notice displayed by

As stated, in the final disposition of this investigation (Inv. No. 337-TA-918), USITC may “(1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or are likely to do so.”

The statement further explains “if the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. During this period, the subject articles would be entitled to enter the United States”.

It is noted that parties of the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Canon and the IA are also requested to submit proposed remedial orders for the Commission’s consideration. Canon is further requested to provide the expiration dates of five patents involved in this investigation: Nos. 8,280,278; 8,630,564; 8,682,215; 8,676,090; and 8,688,008, and state the HTSUS subheadings under which the accused articles are imported. Canon is also requested to supply the names of known importers. The written submissions and proposed remedial orders must be filed no later than the close of business on July 13, 2015. Reply submissions must be filed no later than the close of business on July 20, 2015.
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