The Commission recently reversed the ALJ’s determination that the economic prong of the domestic industry requirement was satisfied and thereby found that there had been no section 337 violation in Certain Replacement...more
4/18/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Domestic Corporations ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Litigation ,
Patents ,
Pilot Programs ,
Reversal ,
Section 337 ,
Utility Patents
In comparison to prior years, the ITC had a lower case load in 2023. This does not appear to have any relationship with the average time to resolution, but it could be contributing to the ITCs increased tendency to resolve...more
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337
In ClearCorrect v. ITC, issued on November 10, 2015, the Federal Circuit interpreted the term “articles” as used in Section 337 to be tangible, physical items. Accordingly, electronic transmissions were held to be outside the...more