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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

ITC’s ALJ Cheney Sours on Artificial Sweetener Patents

In a case of first impression, the ITC’s ALJ Cheney held that two AIA patents relating to improvements to a process for making an artificial sweetener are invalid based on the patentee’s sale of the unpatented sweetener made with that process before the applications for the process patents were filed. Our colleague, Adam Hess explains … Continue Reading
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