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Message: Re: Prior to another bashing attack- ITC post hearing Mikesmark

One other thing. Brian said he was hopeful but not optimistic about the ITC case.

As you stated the ALJ hasn't always aligned himself with the Staff's recommendations. Even the Staff acknowledges that regardless of their post hearing recommendations the ALJ may still find there is a violation of SEction 337. This is why I remain hopeful. Nevertheless, the NoCAL case is more important to me......trial and $$$$$$

Should a violation of Section 337 nonetheless be found, the Staff submits that the appropriate remedy is a limited

exclusion order directed at infringing products manufactured or imported by Respondents and

cease and desist orders as to those Respondents that maintain a commercially significant

inventory of accused products in the United States, with bond set at of entered value

during the Presidential review period. The Staff responds below to certain arguments raised by

Complainants and the Respondents in their initial post-trial briefs.2

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