Matter of Certain Tape Dispensers. Investigation No. 337-TA-354. (June 1994)

摘要

The Commission has broad discretion in selecting the form, scope, and extent ofthe remedy in a section 337 proceediing. In addition, the commission has the power to make factual determinations in the remedy phase of a section 337 investigation, to the extent necessary, in order to reach its determination. These factual determinations may be made on the basis of the evidence of record in the violation phase of the investigation, or on the basis of information submitted by the parties in the remedy phase of its investigation. Complainant 3M requested issuance of a general exclusion order based on its assertion that only a general exclusion order will prevent foreign producers from containing to violate section 337. The IA agrees that the proper relief is a general exclusion order directed to all tape dispensers infringing the design patent.