News & Analysis as of

Administrative Law Judge (ALJ) Manufacturers

WilmerHale

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

WilmerHale on

On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

Pillsbury Winthrop Shaw Pittman LLP

“If You Don’t Make It There, You Can’t Make It Anywhere:” New York’s Zero Manufacturing Rate Requires New York Property

A New York State administrative law judge (ALJ) found that Raytheon did not qualify for the state’s zero percent tax rate for manufacturers or the reduced tax rate for qualified emerging technology companies (QETCs). ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Manufacturing Process Unit Exemption/RCRA: U.S. EPA Environmental Appeals Board Addresses Applicability Question

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued an August 15th decision interpreting the Resource Conservation and Recovery Act (“RCRA”) term “manufacturing process unit”...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cell Phone Use on Hold in Manufacturing Plants After Recent NLRB Decision

The National Labor Relations Board (NLRB) issued a supplemental decision on May 20, 2020, finding lawful a policy prohibiting employees from possessing or using their cell phones on the manufacturing floor or at their...more

Robinson+Cole Manufacturing Law Blog

Labor Board Showing Valentine’s Love to . . . A Labor Union?

I think by now regular readers of this column know I embrace my inner geek.  I read decisions when they are issued in areas where I am trying to identify trends, anticipate future events, and give clients and friends some...more

Jones Day

Product Prototype Built Abroad Satisfies Domestic Industry Requirement

Jones Day on

On February 14, 2019, the U.S. International Trade Commission (“ITC”) issued an Initial Determination (“ID”) in the matter of Certain Road Construction Machines and Components Thereof, Inv. 337-TA-1088. In the ID, ALJ Lord...more

Mintz - Intellectual Property Viewpoints

Designing Around a Monopoly: the Public Interest Dispute between Qualcomm and Apple Takes a New Turn

As we mentioned in December, the International Trade Commission issued a notice to review the Final Initial Determination and Recommended Determination issued by Administrative Law Judge Pender in Certain Mobile Electronic...more

Jones Day

Declining Domestic Investments May Still Qualify as Significant

Jones Day on

In a recent decision, the ITC rejected respondent’s argument that complainant did not meet its domestic industry (“DI”) requirements because of declining investments over the years leading up to the Complaint. In re Certain...more

Mintz - Intellectual Property Viewpoints

ITC to Review Controversial Apple-Qualcomm Decision

As anticipated, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”)...more

Mintz

International Trade Commission Clarifies Domestic Industry Requirements in Favor of Patent Owners

Mintz on

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

Jones Day

ITC Makes It Easier for Complainants to Meet the Domestic Industry Requirement

Jones Day on

In a recent decision, the Commission overruled the ALJ to clarify, and ultimately expand, the universe of investments that complainants can use to meet the economic prong of the domestic industry (“DI”) requirement. Certain...more

Mintz - Intellectual Property Viewpoints

Recent ITC decision clarifies and eases domestic industry burden for patent holders

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

Foley & Lardner LLP

The Public Interest, EPROMs, and Domestic Industry Issues in Component Manufacturer S. 337 Investigations

Foley & Lardner LLP on

Since the Supreme Court’s decision in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), injunctions are an infrequent remedy for patent infringement in federal district courts. Yet, an exclusion order – the functional...more

Jones Day

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

Jones Day on

In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products...more

Jones Day

R&D Based Domestic Industry Questions Remain

Jones Day on

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more

King & Spalding

Trade & Manufacturing - October 2016

King & Spalding on

What the Next President Should Do About U.S. Manufacturing - Top industry executives, political leaders, small business and trade union leaders, researchers and policymakers are offering a blueprint for maintaining the...more

Bradley Arant Boult Cummings LLP

Assessment Appeals Commission Holds that Personal Property is Valued at Capitalized Cost

The Assessment Appeals Commission (“AAC”) of the Tennessee State Board of Equalization has reversed a 2011 administrative law judge decision, holding that intangible costs (such as freight, installation, engineering costs and...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide