International Trade Commission & ITC

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US ITC to Investigate Global Rice Trade

In a February 5, 2024 letter to the US International Trade Commission (ITC), US House of Representatives Ways & Means Committee Chair Jason Smith (Republican-Missouri) requested that the ITC conduct a Section 332 investigation into the global rice market. The ITC will institute the investigation in the coming weeks, and it could be the first … Continue Reading

New US Action Against Paper Plate Imports

On January 24, 2024, US paper plate producers filed antidumping (AD) and countervailing duty (CVD) petitions against paper plate imports from China, Thailand and Vietnam claimed to be (a) dumped – i.e., sold into the United States at less than fair/normal value prices and (b) government subsidized.  AD case is against all three countries.  CVD … Continue Reading

New U.S. Action Against Wine Bottle Imports

On December 29, 2023, the U.S. Glass Producers Coalition filed antidumping (AD) and countervailing duty (CVD) petitions against glass wine bottle imports from China, Mexico and Chile claimed to be (a) dumped – i.e., sold into the United States at less than fair normal value prices and (b) government subsidized.  AD versus China, Mexico and … Continue Reading

USITC Preliminary Injury Decision As To Extruded Aluminum Imports

On November 17, 2023, the U.S. International Trade Commission (USITC) preliminarily decided that the accused imports injure or threaten to injury a domestic industry as to all accused countries except the Dominican Republic (DR). See Aluminum Extrusions from China, Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab … Continue Reading

Written Argument to ITC In AD/CVD Extruded Aluminum ITC Preliminary Injury Investigation

In post conference written filings, parties argued: U.S. Producer Petitioners Supporting AD/CVD During the 2020 to present U.S. International Trade Commission (ITC) period of investigation (POI), a surge in accused imports pummeled the U.S. market, taking huge sales from U.S. producers and inflicting material injury thereon. ITC should define a single like product (i.e., all … Continue Reading

Failure to Follow the Rules Dooms Requests for ITC Sanctions

The U.S. International Trade Commission is a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The ITC’s unique rules, however, can catch inexperienced counsel off guard. Our colleagues, Adam Hess and Alex Wolcott, review a recent decision emphasizing the need to know and understand the ITC’s rules regarding sanctions. … Continue Reading

The ITC Continues to be a Favorable Venue for Patent Owners

Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. International Trade Commission. Our colleagues, Adam Hess and Alex Wolcott, explain another reason – the potential for significant civil penalties (i.e., fines) assessed against an infringer who violates an ITC Consent Order. … Continue Reading

ALJ Cheney Shines a Light on the ITC’s Section 337 Interim ID Pilot Program

On January 25, 2022, ALJ Cheney became the first ITC ALJ to utilize the ITC’s Section 337 Interim ID Pilot Program in two related investigations – Certain Replacement Automotive Lamps, Inv. No. 337-TA-1291 and Certain Replacement Automotive Lamps, Inv. Nos. 337-TA-1292. Our colleague, Adam Hess, explains how the pilot program gives ALJs more tools to … Continue Reading

How to Stop the PTAB from Deferring to the ITC for Patent Validity Decisions

Following up on a previous blog post explaining why the Patent Trial and Appeal Board (PTAB) is denying institution of inter partes review (IPR) and post-grant review (PGR) proceedings based on a co-pending ITC Section 337 investigation, our colleague Adam Hess provides some tips for how respondents in ITC Section 337 investigations can avoid the … Continue Reading

PTAB Defers to ITC for Patent Validity Decisions

August 9, 2012, in a decision regarding a petition filed by Kiss Nail Products, the Patent Trial and Appeal Board (PTAB) denied institution of post-grant review (PGR) of a Lashify, Inc. patent directed to artificial eyelash extensions in view of a co-pending ITC Section 337 investigation. Why is this significant? Continue reading here a blog post by our colleague Adam Hess.… Continue Reading

ITC Initiates Pilot Program for Interim Initial Determinations on 337 Investigations

In a recent blog post, our colleague Adam Hess reviews the U.S. International Trade Commission’s (ITC) new pilot program to allow Administrative Law Judges to issue interim Initial Determinations on fewer than all issues in Section 337 investigations. The new pilot program process is similar to that used by the ITC to implement its “100-day … Continue Reading

Senator Cornyn Considers Expansion of ITC’s Authority under Section 337

In a recent blog post, Adam Hess and Rory Murphy discuss Senator John Cornyn’s (R-Texas) suggestion to the Senate Finance Committee of expanding the ITC’s jurisdiction under Section 337. Additionally, the post reviews three primary bills that seem to be part of the Senate’s effort to pass comprehensive legislation related to trade with China: The … Continue Reading

Razor Scooter Trips Over Reissue Statute at the ITC

In a recent blog, Adam Hess examines why the U.S. International Trade Commission recently terminated CERTAIN MOTORIZED SELF-BALANCING VEHICLES, Investigation No. 337-TA-1000, brought by Razor USA LLC. The post offers an in-depth summary of the case, the appeal and take ways for patent owners. The full post can be found here.… Continue Reading

Cross-post: Growing Tension Between the ITC and the PTAB

One of the most common responses to being sued for patent infringement is a petition to the USPTO’s Patent Trial and Appeal Board (PTAB) challenging the validity of the patent. To avoid duplication of effort, either the Board or the tribunal can defer to the other. According to a recent decision, the U.S. International Trade … Continue Reading

ITC Ends 2020 with New Section 337 Complaints; A Look Ahead for 2021

– This blog post is published as part of content partnership with our Global IP & Technology Law Blog – After a slow but steady start to 2020, the US International Trade Commission (ITC) saw a flurry of new Section 337 complaints filed in the second half of the year. Eight new complaints were filed … Continue Reading

Increase in Section 337 Complaints

After a steady, but typical number of Section 337 complaints filed in the first half of 2020, the U.S. International Trade Commission (ITC) saw a dramatic increase in July. Twelve new complaints were filed, representing the second largest number of complaints ever filed in one month. Our colleague Adam Hess explains the reason behind this … Continue Reading

USITC Weighs In On Section 337’s Domestic Industry Requirement

On Friday, June 29, the US International Trade Commission (USITC) issued an opinion (in Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same, Inv. No. 337-TA-1097), which expresses the Commission’s view on an important aspect of Section 337’s “domestic industry” requirement. USITC stipulates that investments in non-manufacturing activities, such as engineering and … Continue Reading

USITC Finalizes Changes to Section 337 Procedural Rules

On May 8, 2018, the US International Trade Commission (ITC) completed the process that began in 2015 to change the rules governing its practice and procedures with respect to Section 337 investigations – the investigations that the ITC conducts under 19 U.S.C. § 1337 based on private party complaints against imported articles that allegedly violate … Continue Reading

Domestic Industry Lesson For Section 337 Litigants

The requirement of establishing a “domestic industry” in articles protected by a patent is a unique and important aspect of Section 337 litigation. Judge Shaw recently released an order denying the complainant’s request for summary judgment on the economic prong of the domestic industry requirement in Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067 … Continue Reading

USITC Designates Investigation for Early Disposition

On January 17, 2018, the US International Trade Commission’s (USITC) Notice of Institution designated Certain IOT Devices and Components Thereof (IOT, The Internet of Things)—Web Applications Displayed On A Browser, Inv. No. 337-TA-1094 for early disposition. This is just the sixth such designation the USITC has made since the program was implemented and comes after four … Continue Reading

USITC Denies Entry into Early Disposition Pilot Program for Three More Cases

The US International Trade Commission (USITC) denied requests to enter Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof, Inv. No. 337-TA-1084 (Nov. 17, 2017); and the companion cases of Certain Color Intraoral Scanners and Related Hardware and Software, Inv. No. 337-TA-1090 and 337-TA-1091 (Dec. 14, 2017) into the USITC’s pilot program for early case disposition. Our sister publication, the Global IP & … Continue Reading
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