News & Analysis as of

Exclusion Orders

“You Can’t Beat Something with Nothing”: 7th Cir. Explains the Importance of Disclosing Experts

by Foley & Lardner LLP on

Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more

ITC Section 337 Update – May 2017

by King & Spalding on

Commission Holds Hearing On Antitrust Injury In Certain Carbon And Alloy Steel Products, Inv. No. 337-TA-1002 – The U.S. International Trade Commission (“the Commission”) held a rare hearing on the Administrative Law Judge’s...more

Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off

The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations. The decision in In re Certain...more

ITC Sanctions for “Staggering” Destruction of Evidence Upheld

by McDermott Will & Emery on

Addressing the imposition of sanctions for spoliation in a US International Trade Commission (ITC) case, the US Court of Appeals for the Federal Circuit upheld the ITC’s imposition of default judgment sanctions and an...more

Organik Kimya v. ITC: Federal Circuit Affirms Dispositive Sanctions For Bad Faith Spoliation of Evidence

On February 15, 2017, the Federal Circuit affirmed the Commission’s imposition of severe, case dispositive sanctions on Respondents for bad faith spoliation of evidence as well as the issuance of a 25-year limited exclusion...more

Lithium Metal Oxide Cathode Materials: Commission Grants Relief after First Oral Hearing in a 337 Investigation in 10 Years

On January 26, 2017, after taking the unusual step of ordering a full International Trade Commission oral hearing to consider issues including laches, remedy, and public interest, the Commission issued a limited exclusion...more

ITC Scrubs Domestic Industry Holding In Brushes Investigation

by Jones Day on

On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing...more

Top Developments at the ITC in 2016

In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of...more

US ITC Blocks Converse Chuck Look A Likes But Not On All Trademarks

In a wide-ranging investigation before the U.S. International Trade Commission (ITC), Converse asserted four trademarks against 31 respondents in an alleged Chuck Taylor look-a-like industry. After 22 of those respondents...more

US Steel Corporation Files Section 337 Complaint on Chinese Carbon and Alloy Steel Products

by White & Case LLP on

On April 26, 2016, the United States Steel Corporation ("US Steel") filed a complaint under Section 337 of the Tariff Act of 1930 , 19 U.S.C. § 1337, seeking the exclusion of Chinese carbon and alloy steel products from entry...more

"New HHS OIG Criteria to Guide Resolution of Health Care Investigations"

The Office of Inspector General of the Department of Health and Human Services (OIG) has issued updated guidance on the use of its so-called permissive exclusion authority under Section 1128(b)(7) of the Social Security Act...more

ITC Section 337 Update – August 2015

by King & Spalding on

En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

FTC Commissioners Weigh in on FRAND Debate

by Mintz Levin on

Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

Writing on Her Own Behalf, Chairwoman Ramirez Takes a Position on FRAND

by Mintz Levin on

Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more

ITC Section 337 Update - March 2015

by King & Spalding on

Commission Files Brief In 833 Investigation Appeal Regarding Digital Models Qualifying As “Articles” – On February 18, 2015, the International Trade Commission filed its brief in an appeal to the Federal Circuit of the...more

ITC Pilot Program to Expedite Rulings on Whether Exclusion Orders Cover Redesigns and New Products

by Morrison & Foerster LLP on

On February 24, 2015, the ITC announced a new pilot program to decide whether redesigns or new products are covered by ITC exclusion orders. The announced goal of the program is to test the use of expedited procedures for the...more

ITC Section 337 Update

by King & Spalding on

U.S. Supreme Court Overturns Federal Circuit Standards For Patent Inducement Infringement And Indefiniteness – In two decisions on June 2, 2014, the U.S. Supreme Court materially changed the standards for patent...more

ITC Section 337 Update – January 29, 2014

by King & Spalding on

Commission Extends Target Date In 833 Investigation To Accept Public Comments On Electronic Imports - In an Initial Determination issued on May 6, 2013, the ALJ in Certain Digital Model, and Treatment Plans for Use in...more

BakerHostetler Patent Watch Suprema, Inc. v. Int'l Trade Comm'n

by BakerHostetler on

On December 13, 2013, in Suprema, Inc. v. Int'l Trade Comm'n, the U.S. Court of Appeals for the Federal Circuit (Prost, O'Malley,* Reyna) affirmed-in-part, vacated-in-part and remanded-in-part the Commission's...more

Suprema Says No ITC Exclusion Order Based on Induced Infringement

by Goodwin on

In Suprema, Inc. and Mentalix, Inc. v. International Trade Commission, 2012-1170 (Fed. Cir. Dec. 13, 2103), the Federal Circuit held that the ITC may not issue an exclusion order “predicated on a theory of induced...more

Actions Under § 337 Based on Inducement Require Existence of Direct Infringement Prior to Importation

by McDermott Will & Emery on

In a case of first impression, a divided U.S. Court of Appeals for the Federal Circuit panel ruled that an exclusion order based on a violation of Section 337 may not be predicated on a theory of induced infringement where...more

IP Update, Vol. 16, No. 8, August 2013

by McDermott Will & Emery on

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

President Disapproves ITC Exclusion Order In -794 Investigation On Public Interest Grounds

by King & Spalding on

On August 3, 2013, the President acting through the U.S. Trade Representative (USTR) disapproved the decision of the U.S. International Trade Commission (ITC or “Commission”) to issue an exclusion order in Certain Electronic...more

ITC Section 337 Update – August 7, 2013

by King & Spalding on

White House Disapproves Commission Determination To Issue Exclusion Order In 794 Investigation – By Letter of August 3, 2013, U.S. Trade Representative Michael Froman, acting on authority from the President, notified...more

U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

by McDermott Will & Emery on

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

30 Results
|
View per page
Page: of 2
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.