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
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
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
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
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
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
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
