News & Analysis as of

Administrative Law Judge (ALJ) Investigations

Axinn, Veltrop & Harkrider LLP

Countdown to Deadline for Comment Submission to the ITC

Five days remain to submit comments to the ITC's Proposed Amendments to the Rules of Practice and Procedure for Section 337 investigations: https://www.regulations.gov/, Docket No. MISC-049. The proposed rule changes include:...more

McDermott Will & Emery

International Trade Commission Seeks Feedback on Proposed Updates to Practice and Procedure

McDermott Will & Emery on

The US International Trade Commission issued a Federal Register notice of proposed rulemaking related to 19 C.F.R. Parts 201, 205, 207 and 210, which govern the Commission’s Rules of Practice and Procedure. The Commission...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

ITC Update: Takeaways from Certain Replacement Automotive Lamps

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

Troutman Pepper

Women at the ITC in 2023: What This Year's Data Shows

Troutman Pepper on

For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: A Pair of Section 337 Investigations Involving Automotive Lamps...

Design Patent Trends at the ITC - The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Rule and Procedural Developments at the ITC in 2023

2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Introduction

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends

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

Fish & Richardson

ITC Monthly Wrap-Up: January 2024

Fish & Richardson on

This month’s ITC wrap-up focuses on an initial determination in an investigation regarding constitutional standing, which is a requirement at the Commission as in federal court....more

McDermott Will & Emery

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

Fish & Richardson

ITC Monthly Wrap-Up: December 2023

Fish & Richardson on

This month’s ITC Wrap-Up reviews a recent investigation exploring exemptions to the Commission’s remedial orders. Certain Wet Dry Surface Cleaning Devices, Inv. No. 337-TA-1304, Final Determination (Dec. 18, 2023)....more

Fish & Richardson

ITC Monthly Wrap-Up: October 2023

Fish & Richardson on

This month’s ITC Wrap-Up discusses the Commission’s recent decision in Certain LIDAR (Light Detection and Ranging) Systems and Components Thereof, Inv. No. 337-TA-1363, to affirm the administrative law judge’s decision to...more

Axinn, Veltrop & Harkrider LLP

Would Congress' Proposed ITC Reforms Thwart NPEs?

Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022. In a sense, the rise of NPEs at the ITC was by...more

Fish & Richardson

ITC Monthly Wrap-Up: April 2023

Fish & Richardson on

This month, there were four new complaints filed at the U.S. International Trade Commission....more

Hinch Newman LLP

Roundup of FTC Consumer Protection Matters of Interest to Digital Advertisers: April 2023

Hinch Newman LLP on

In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more

K&L Gates LLP

ITC Proceedings: An Alternative to Knock Out Knockoffs

K&L Gates LLP on

With the rise and dominance of e-commerce and internet marketplaces as a sales channel, many U.S. manufacturers face growing competition from the importation of infringing, cheaper products online. Internet marketplaces have...more

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

Fox Rothschild LLP on

The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing...more

Jones & Keller, P.C.

Four Decision Points in SEC Securities Investigations

Jones & Keller, P.C. on

Defending securities actions on behalf of clients requires strategy in navigating a tricky process, which can be unique in each situation. If you are interested in this topic, you likely already have some idea of the lay of...more

Jones & Keller, P.C.

Four Decision Points in SEC Securities Investigations

Jones & Keller, P.C. on

Defending securities actions on behalf of clients requires strategy in navigating a tricky process, which can be unique in each situation. If you are interested in this topic, you likely already have some idea of the lay of...more

Fish & Richardson

ITC Monthly Wrap-Up: May 2022 - Two Investigations Highlight Different Avenues for Early Disposition

Fish & Richardson on

This month, there were six new complaints filed at the ITC, including complaints filed by: Hand Held Products, Inc. and Honeywell International Inc. (Certain Barcode Scanners, Scan Engines, Mobile Computers with Barcode...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for May 2022

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources....more

Mintz - Intellectual Property Viewpoints

Why is the ITC a Great Venue for Protecting Trade Secrets? Speed and Extraterritorial Authority

To be a successful trade secret litigant at the ITC, it is critical to be mindful of unique substantive and procedural aspects of Section 337 litigation. These differences offer both promise and peril for complainants. ...more

Fish & Richardson

ITC Monthly Wrap-Up: October 2021

Fish & Richardson on

It was another busy month at the ITC. A Final Determination was issued by the Commission in three Section 337 Investigations: Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof, Inv. No....more

Latham & Watkins LLP

A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities

Latham & Watkins LLP on

With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more

Jones Day

ALJ Severs Investigation for Efficient Adjudication Pursuant to 19 C.F.R. § 210.14(h)

Jones Day on

In a recent decision, ALJ Cheney determined that severance of an investigation was necessary for efficient adjudication of the issues raised in the Complaint. Certain Light-Emitting Diode Products, Systems, and Components...more

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