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
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
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
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
A new blog post by our colleague Ludmilla Kasulke examines a recent challenge against a Section 307 detention in federal court in the face of rising enforcement actions by the US Customs and Border Protection (CBP) that prohibit the importation of goods made with forced, indentured, or prison labor. Continue reading here.… Continue Reading
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
On September 1, the Office of the US Trade Representative, working with the Departments of Commerce (DOC) and of Agriculture (USDA), announced a number of actions aimed at supporting domestic producers of seasonal/perishable produce. Their plans – which include new trade actions targeting certain fruit and vegetable imports – could have widespread impacts on produce … Continue Reading
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
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
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
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
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
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
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
The Latest: ALJ finds no violation in beverage capsules enforcement proceeding; recommends temporary rescission of remedial orders based on US District Court judgment of non-infringement… Continue Reading
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
Squire Patton Boggs’ Global IP & Privacy Law Blog recently reported, the ITC, at complainant’s request, instituted a modification proceeding in Certain Marine Sonar Imaging Devices, Inv. No. 337-TA-921 (Modification Proceeding) and determined to modify its exclusion to cover components of the at-issue marine sonar imaging devices that are intended to be included in a fully-assembled … Continue Reading
In an opinion made public just prior to the Labor Day weekend, the ITC has granted the complainant’s request to modify its order excluding marine sonar imaging devices to cover components that are intended to be included in a fully-assembled (also referred to as fully “kitted”) infringing product after importation. Certain Marine Sonar Imaging Devices, … Continue Reading
The U.S. Congress returns to Washington on Tuesday after a six-week recess. On Monday, Senate Foreign Relations Committee (SFRC) Chairman Bob Corker (R-Tennessee) issued a statement on the perceived lack of strong U.S. leadership, setting the stage for potentially-increased Republican oversight this fall: Just as we saw our allies in Europe dissing us over the … Continue Reading
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
Status: Clearance Acquirer: Fortis, Inc. (Canada) Acquired: ITC Holdings Corp. (U.S.) Value: US$11.3 billion Industry: Energy Fortis announced that on July 8, 2016, the parties received CFIUS clearance with written confirmation from CFIUS that there are no unresolved national security concerns with respect to the transaction and that the action under Section 721 … Continue Reading
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
TPP – ITC Report Released. Late Wednesday afternoon, the ITC released its report on the effects of the proposed TPP on the U.S. economy. The nearly 800-page report examines specific industry sectors in the United States and seeks to ascertain which would benefit or suffer from the deal. U.S. Trade Representative Michael Froman immediately issued … Continue Reading
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
