ShawPittman LLP
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`A Limited Liability Pattnership Including Professional Corporations
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`Via Hand Delivery
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`Secretary Marilyn R. Abbott
`U.S. International Trade Commission
`500 E Street, S.W., Room 112-F
`Washington, D.C. 20436
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`ELIZABETH M. ROESEL
`(703) 770-7621
`elizabeth.roeseI@shawpittrnan.com
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`March 3,2004
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`Re:
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`Certain Gel-Filled Wrist Rests and Products Containing Same
`ITC Inv. No. 337-TA-456
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`Dear Secretary Abbott:
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`The above-referenced investigation was terminated on January 23,2001 with a finding of
`no violation of section 337 of the Tariff Act, and the Commission's decision was affirmed by the
`Court of Appeals for the Federal Circuit on March 9,2004. As one of the attorneys of record for
`respondents American Covers, Inc. and ACCO, Inc., I am writing to request that certain of
`respondents' trial exhibits be released to Shaw Pittman, as counsel for these respondents.
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`Our clients, respondents American Covers and ACCO, as well as respondent Vel0
`Enterprise Co., Ltd. are currently defendants in a suit brought by 3M in U.S. district court in
`Minnesota, Civil Action Nos. 01-607 and 02-4891 (consolidated). In the district court action,
`3M is alleging infringement of the same patent that was the subject of the above-referenced ITC
`investigation. Consequently, the district court action involves many of the same issues of
`infringement and invalidity that were at issue in the ITC, and the physical exhibits (including
`samples of prior art wrist rests) that were submitted to the ITC are relevant to those issues.
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`We are requesting release of the physical exhibits submitted by respondents, so that we
`may use these exhibits in defending our clients in the district court action. Please contact me if
`you require any additional information regarding this request, and please let us know the proper
`procedure for obtaining custody of the physical exhibits.
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`Respectfully submitted,
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`Elizabeth Miller Roesel
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`cc:
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`Steven E. Adkins, Esq.
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`Document #: 1274956 v.1
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`1650 Tysons Boulevard McLean, VA 22102-4859
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`703.770.7900 Fax: 703.770.7901
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`www.showpittman.com
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`~
`
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