Tag Archives: ITC

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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