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
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
Once again, the U.S. International Trade Commission (ITC) saw a surge of Section 337 complaints filed in the fourth quarter of the year, culminating with eight complaints filed between December 15 – 31, 2021. Our colleague, Adam Hess explains why these complaints are filed at the end of the year and why the ITC will … Continue Reading
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
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
In a recent blog post, our colleague Adam Hess explains that the U.S. International Trade Commission (ITC) has expanded the methods through which service of a Section 337 complaint can be effected to include service via a Respondent’s Amazon.com seller profile page contact links. … Continue Reading
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
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
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
– 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
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
A recent decision by the US International Trade Commission (ITC) indicates that foreign-based companies should not overlook the ITC when considering where to enforce their patents.… Continue Reading
