Tag Archives: ITC

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

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

ITC Determines Modification to Exclusion to Cover Components of Marine Sonar Imaging Devices

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

ITC Grants Exclusion Order Modification to Include Components Imported for Assembling the Infringing Device

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

Trade Talk: Week in Review (29 August – 5 September 2016)

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

Suspended: Section 337 Investigation of Carbon and Alloy Steel Products Postponed Due to Overlap with Anti-Dumping and Countervailing Duty Laws

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

CFIUS Clearance: Fortis , Inc. and ITC Holdings Corp.

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

ITC Affirms Summary Determinations of Patent Invalidity Based on Indefiniteness in Wireless Headsets and Automated Teller Machines

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

Trade Talk – Week in Review (16-20 May 2016)

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

ITC Designates Newly-Instituted Section 337 Investigation For Fast-Track Hearing On Section 101 Issues

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

ALJ Lord Grants Summary Determination of Section 101 Invalidity On A Second Batch Of Patents In Tracking Devices

As an update to our April 13, 2016 blog post, US International Trade Commission administrative law judge (ALJ) Dee Lord has granted summary determination that the asserted claims of two of Jawbone’s remaining patents in its Section 337 action against Fitbit are directed to ineligible subject matter under 35 U.S.C. § 101.  Certain Activity Tracking Devices, … Continue Reading

Trade Talk – Week in Review (11-15 April 2016)

Global Steel Crisis Examined.  U.S. Trade Representative Michael Froman and Commerce Secretary Penny Pritzker co-chaired a two-day hearing last week on the global steel crisis, where U.S. lawmakers called for a better way to prevent foreign suppliers from flooding the U.S. market with subsidized steel.  While chairing the first day, Ambassador Froman stated that the … Continue Reading

ITC To Consider Whether Laches Is An Available Defense In Section 337 Investigations

In a recent notice to review an ALJ’s determination finding a violation of Section 337, the ITC has requested briefing on whether a laches defense is available in Section 337 investigations in view of the Federal Circuit’s recent decision in SCA Hygiene Prods v. First Quality Baby Prods., 807 F.3d 1311 (Fed. Cir. 2015) (en … Continue Reading

ITC Adopts Summary Determination of Section 101 Invalidity In Tracking Devices and Finds Asserted Patent Claims Invalid Under Section 112 In Brewing Capsules

In the past two weeks, the ITC has made patent invalidity determinations in two Section 337 investigations, each of which is noteworthy in its own right. In Certain Activity Tracking Devices, Systems, and Components Thereof, Inv. No. 337-TA-963, the Commission affirmed ALJ Lord’s summary determination that the asserted claims of two of the patents-in-suit are invalid … Continue Reading

Federal Circuit Refuses En Banc Review of Decision Denying ITC Jurisdiction Over Electronic Importation of Digital Files Used In 3D Printing

  As an update to our December 8, 2015 blog post, the U.S. Court of Appeals for the Federal Circuit has refused to rehear a November 2015 panel decision holding that the U.S. International Trade Commission’s (ITC) authority to regulate imported “articles that infringe” U.S. intellectual property rights under Section 337 of the Tariff Act … Continue Reading

USITC Has Busy First Quarter With Sixteen Section 337 Complaints Filed

The U.S. International Trade Commission looks set for a busy year of Section 337 litigation, with sixteen private party complaints already filed since October 1 (the beginning of the ITC’s fiscal year).  The ITC’s authority under 19 U.S.C. § 1337 to direct that U.S. Customs bar products found by the ITC to infringe U.S. intellectual property rights … Continue Reading

ITC Powerless To Regulate Electronic Importation of Digital Files Used In 3D Printing

In a case much-watched by the entertainment and software industries for its potential impact on the internet, the U.S. Court of Appeals for the Federal Circuit has held that the U.S. International Trade Commission’s authority to regulate imported “articles that infringe” U.S. intellectual property rights does not extend to the “electronic transmission of digital data.”  By … Continue Reading
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