Archives: Trade Remedy & Defense

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USITC Vacates Suspension of Carbon and Alloy Steel Products Investigation

In May, the United States International Trade Commission (USITC) instituted its investigation of Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, based on alleged violations of Section 337 by the Chinese steel industry, including antitrust, false designation of origin, and trade secret claims.  As we reported in a previous blog, however, ALJ Lord determined, … Continue Reading

Trade Talk: Week in Review (15-21 August 2016)

GAO Report on Antidumping.  House Ways and Means Chairman Kevin Brady (R-TX) released a statement on 15 August in response to the GAO report titled, “Antidumping and Countervailing Duties: CBP Action Needed to Reduce Duty Processing Errors and Mitigate Nonpayment Risk.”  He stated: [The] GAO report highlights that the Administration needs to do much more … Continue Reading

Suspended: Section 337 Investigation of Carbon and Alloy Steel Products Postponed Due to Overlap with Anti-Dumping and Countervailing Duty Laws

ALJ Lord made the determination to suspend the USITC’s Section 337 investigations in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, on the grounds that the investigation “comes at least ‘in part’ within the purview of the antidumping and countervailing laws . . . [and] therefore requires that the Commission notify the Secretary of Commerce” … Continue Reading

ITC Affirms Summary Determinations of Patent Invalidity Based on Indefiniteness in Wireless Headsets and Automated Teller Machines

In what appears to be something of a trend in favor of summary dispositions, the International Trade Commission (ITC) has affirmed summary determination rulings of patent invalidity in two, separate investigations: Certain Wireless Headsets, Inv. No. 337-TA-943 and Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof, Inv. No. 337-TA-958. The … Continue Reading

ITC Designates Newly-Instituted Section 337 Investigation For Fast-Track Hearing On Section 101 Issues

In yet another significant development at the ITC on Section 101 issues, the Commission has ordered an early hearing in a newly-instituted Section 337 investigation as to whether the asserted claims of the sole patent-in-suit recite patent-eligible subject matter under 35 U.S.C. § 101.  The case—Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994—involves, according to … Continue Reading

ALJ Lord Grants Summary Determination of Section 101 Invalidity On A Second Batch Of Patents In Tracking Devices

As an update to our April 13, 2016 blog post, US International Trade Commission administrative law judge (ALJ) Dee Lord has granted summary determination that the asserted claims of two of Jawbone’s remaining patents in its Section 337 action against Fitbit are directed to ineligible subject matter under 35 U.S.C. § 101.  Certain Activity Tracking Devices, … Continue Reading

American Metal Market (AMM) North American Ferroalloys Conference – Chicago, Illinois – 19-21 September 2016

Peter Koenig will discuss trade policymaking, antidumping and countervailing duty issues at the North American Ferroalloys Conference, a new event sponsored by AMM that aims to convene the entire steel supply chain, provide opportunities for networking and facilitate vital business connections in the industry. The three-day conference will take place at Eaglewood Resort & Spa located … Continue Reading

ITC To Consider Whether Laches Is An Available Defense In Section 337 Investigations

In a recent notice to review an ALJ’s determination finding a violation of Section 337, the ITC has requested briefing on whether a laches defense is available in Section 337 investigations in view of the Federal Circuit’s recent decision in SCA Hygiene Prods v. First Quality Baby Prods., 807 F.3d 1311 (Fed. Cir. 2015) (en … Continue Reading

ITC Adopts Summary Determination of Section 101 Invalidity In Tracking Devices and Finds Asserted Patent Claims Invalid Under Section 112 In Brewing Capsules

In the past two weeks, the ITC has made patent invalidity determinations in two Section 337 investigations, each of which is noteworthy in its own right. In Certain Activity Tracking Devices, Systems, and Components Thereof, Inv. No. 337-TA-963, the Commission affirmed ALJ Lord’s summary determination that the asserted claims of two of the patents-in-suit are invalid … Continue Reading

Federal Circuit Refuses En Banc Review of Decision Denying ITC Jurisdiction Over Electronic Importation of Digital Files Used In 3D Printing

  As an update to our December 8, 2015 blog post, the U.S. Court of Appeals for the Federal Circuit has refused to rehear a November 2015 panel decision holding that the U.S. International Trade Commission’s (ITC) authority to regulate imported “articles that infringe” U.S. intellectual property rights under Section 337 of the Tariff Act … Continue Reading

USITC Has Busy First Quarter With Sixteen Section 337 Complaints Filed

The U.S. International Trade Commission looks set for a busy year of Section 337 litigation, with sixteen private party complaints already filed since October 1 (the beginning of the ITC’s fiscal year).  The ITC’s authority under 19 U.S.C. § 1337 to direct that U.S. Customs bar products found by the ITC to infringe U.S. intellectual property rights … Continue Reading

ITC Powerless To Regulate Electronic Importation of Digital Files Used In 3D Printing

In a case much-watched by the entertainment and software industries for its potential impact on the internet, the U.S. Court of Appeals for the Federal Circuit has held that the U.S. International Trade Commission’s authority to regulate imported “articles that infringe” U.S. intellectual property rights does not extend to the “electronic transmission of digital data.”  By … Continue Reading

Getting Customs Valuation Right – Upcoming Workshop Opportunity

Trade Practitioner Chris Skinner will co-lead a practical interactive workshop on How to Meet Increasingly Complex Valuation Challenges on January 20, 2016, preceding American Conference Institute’s 10th Advanced Forum on Import Compliance & Enforcement. Chris’ session aims to make sense of and provide guidance on a range of Customs valuation issues that import compliance professionals encounter on a … Continue Reading

Legal 500 is Taking Notice

Legal 500 UK recently ranked our firm Tier 1 for Public Policy, stating: “Merged firm Squire Patton Boggs now has an enhanced public policy practice at national and European levels, with a focus on trade law. The team includes Martin Rees and senior associate Aline Doussin.” Further, we were ranked Tier 2 for EU & Competition … Continue Reading
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