Last week, the Federal Circuit affirmed imposition of an exclusion order under 19 U.S.C. § 1337 (Section 337 of the Tariff Act of 1930) by the Federal Trade Commission against 10X Genomyx (an intervenor in this appeal) over...more
On March 2, 2020, the Federal Circuit issued Comcast v. ITC and held that the International Trade Commission (ITC) can block the importation of products that do not infringe a U.S. patent at the time of importation. The case...more
In an earlier post related to this investigation, we discussed the ITC’s recommendation that a general exclusion order issue for products infringing Complainant National Products Inc.’s (“NPI”) patents after all named...more
In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No....more
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
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
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