In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial...more
11/11/2019
/ Administrative Law Judge (ALJ) ,
Domestic Industry Requirement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Multinationals ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Threshold Requirements
Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that...more
In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) provided useful guidance for patentees by reaffirming that there is no categorical rule that patent...more
In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) held that domestic industry products do not need to be commercially available to satisfy section...more
On April 26, 2019, Administrative Law Judge (“ALJ”) Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission’s (“ITC”) jurisdictional authority extends to...more
In Amarin Pharma, Inc. v. Int’l Trade Comm’n (18-1247), the Federal Circuit affirmed the International Trade Commission’s (“ITC”) finding that Amarin’s false advertising claim under § 43(a) of the Lanham Act was precluded by...more
In her April 16, 2019 Public Interest Findings, Administrative Law Judge (“ALJ”) McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the International Trade...more
5/22/2019
/ Administrative Law Judge (ALJ) ,
Apple ,
Competition ,
Exclusion Orders ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Monopolization ,
Patent Infringement ,
Qualcomm ,
Section 337 ,
Settlement Agreements
A recent decision by the International Trade Commission (“ITC” or the “Commission”) held that pre-commercial or non-commercial items qualify as “articles” for purposes of section 337 investigations. The decision opens up the...more
In an Initial Determination finding that Fujifilm violated Section 337 by infringing two patents held by Sony, ALJ Cheney found another patent invalid after ruling that inter partes review (“IPR”) estoppel does not apply to...more
A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves a patent owner’s ability to demonstrate that it possesses a statutorily required “domestic industry” and can therefore obtain relief...more
A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves intellectual property holders’ ability to prove that they have a “domestic industry” and obtain relief for infringement from the...more
7/17/2018
/ Administrative Law Judge (ALJ) ,
Capital Expenditures ,
Capital Investments ,
Domestic Industry Requirement ,
International Trade Commission (ITC) ,
Manufacturers ,
Manufacturing Equipment ,
Patent Infringement ,
Patents ,
Research and Development ,
Section 337
On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both...more
5/11/2018
/ Administrative Law Judge (ALJ) ,
Amended Rules ,
Discovery Disputes ,
Expert Testimony ,
Federal Pilot Programs ,
Federal Rules of Civil Procedure ,
International Trade Commission (ITC) ,
New Rules ,
Patents ,
Rules of Practice ,
Section 337
On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more
6/26/2017
/ Administrative Law Judge (ALJ) ,
Business Expenses ,
Cost Allocation ,
Domestic Corporations ,
Exclusion Orders ,
Imports ,
International Trade Commission (ITC) ,
Medical Devices ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Public Interest ,
Reversal ,
Section 337
The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more
9/3/2016
/ Anti-Piracy ,
Appeals ,
CAFC ,
Digital Downloads ,
Digital Goods ,
Digital Media ,
Electronic Data Transmissions ,
Entertainment Industry ,
Imports ,
Induced Infringement ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patents ,
Petition for Writ of Certiorari ,
Precedential Opinion ,
Section 337 ,
Software
On November 10, 2015, the Federal Circuit issued its opinion in ClearCorrect Operating, LLC v. ITC, and struck a blow to both the ITC and the entertainment and software industries by overturning the ITC’s opinion and finding...more
On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more
8/18/2015
/ Appeals ,
Chevron Deference ,
En Banc Review ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patents ,
Reversal ,
Section 337 ,
Suprema
Yesterday morning, the full Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC and reversed the controversial Federal Circuit opinion that had effectively precluded the International Trade Commission from...more
8/12/2015
/ Covered Business Method Patents ,
Direct Infringement ,
En Banc Review ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Suprema
On Thursday, February 5, 2015, the en banc Federal Circuit heard oral argument in the matter of Suprema, Inc. v. ITC, reviewing its controversial panel decision holding that in ITC investigations induced infringement cannot...more