ITC Section 337

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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 colleagues Adam Hess and David Prueter provide some tips for how respondents in ITC Section 337 investigations … 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

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

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

USITC Refuses Case for Early Disposition Pilot Program

The US International Trade Commission (USITC) recently denied a respondents’ request to enter Certain Shaving Cartridges, Components Thereof and Products Containing Same, Inv. No. 337-TA-1079, Order (Oct. 25, 2017) into the early disposition pilot program. Our sister publication, the Global IP & Technology Law Blog, looks into the decision here.… Continue Reading

Defaulters Beware: ITC Exclusion Order Survives District Court Non-Infringement Ruling

In the investigation of Certain Beverage Brewing Capsules, Components, Thereof, and Products Containing Same, Inv. No. 337-TA-929, the US International Trade Commission (ITC) recently issued a decision in which it declined to rescind an exclusion order issued against a defaulted party despite a district court’s summary judgment ruling that the party did not infringe the … Continue Reading

USITC to Review ALJ Section 337 Enforcement Decision on Network Devices

According to a US International Trade Commission (USITC) notice published on August 4, 2017, the USITC has determined to remand an initial enforcement decision issued by an administrative law judge (ALJ) in the enforcement proceeding in Certain Network Devices, Related Software, and Components Thereof, Inv. No. 337-TA-944. The decision by USITC could instigate additional rulings … Continue Reading

Hoverboard Imports Can Continue, Says USITC

Hoverboard had its first claim to fame as a fictional levitation transport device in Back to the Future. In the real world today, the hoverboard has become a popular consumer product that was recently involved in a highly watched US International Trade Commission (USITC) Section 337 investigation. In short, the US claimants initially alleged that 28 … Continue Reading

Federal Circuit Hands Out Decisions for the ITC on Invalidity Holdings

Following on our prior blog post on Certain Beverage Brewing Capsules, Components Thereof, and Products Containing Same, Inv. No. 337-TA-929, the Federal Circuit has recently ruled on an appeal of that case as well as one in Certain Wireless Headsets, 337-TA-943, both involving findings of patent invalidity. Continue reading on our sister blog, Global IP … Continue Reading

Simultaneous Rulings by USITC on Carbon and Alloy Steel Products Claims

The US International Trade Commission’s (USITC) investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and antitrust violations.… Continue Reading

US International Trade Commission (USITC) To Review ALJ’s Dismissal Of Antitrust-Based Claims In Carbon And Alloy Steel Products

The USITC’s investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and (atypically for a 337 proceeding) antitrust violations.  While the first two claims are proceeding to trial, the … Continue Reading

ALJ Lord Dismisses Antitrust-Based Claims In Carbon And Alloy Steel Products Investigation

In May, the ITC 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.  On November 14, however, the presiding administrative law judge (ALJ Lord) granted respondents’ motion to dismiss … Continue Reading
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