News & Analysis as of

Initial Determination (ID)

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — FCC Acts Against Provider Facilitating Tax Robocalls and Initiates...

Federal Communications Commission Takes Further Action Against Provider Facilitating Illegal Tax Robocalls - Following up on its previous enforcement actions, the Federal Communications Commission’s (Commission)...more

Fitch, Even, Tabin & Flannery LLP

ITC Determines Claims to Diamond Drill Bits with Certain Physical Measures Are Not Patent-Eligible Under § 101

On October 26, 2022, in In the Matter of Certain Polycrystalline Diamond Compacts, the International Trade Commission (ITC) affirmed in part an Initial Determination (ID) that various respondents did not violate § 337 of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

ITC Takes Section 101 to Its Illogical Extreme

We are all familiar with the rhetorical device of a parade of horribles -- a series of very bad things that could happen if some action is (or isn't) taken.  Often, these parades involve a degree of hyperbole.  In other...more

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

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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

Mintz - Intellectual Property Viewpoints

The ITC Should Put Its Foot Down on Patent Hold-out and Hold-up

Opponents of the use of Section 337 by Standard Essential Patent (SEP) holders claim that the threat of ITC exclusion orders lends itself to patent hold-up. These opponents, however, can point to no instance in which an ITC...more

McDermott Will & Emery

An Update on Section 6751 Penalties

McDermott Will & Emery on

Tax penalties are always a hot topic here. The Internal Revenue Service (IRS) has a large arsenal when it comes to grounds for asserting penalties on income tax deficiencies, ranging from the common 20% penalty under Internal...more

Mintz - Intellectual Property Viewpoints

ITC’s New Pilot Program to Speed Investigations Merely Another Bite of the 100-Day Pilot Program Apple?

Over the last decade, patent litigation has exploded at the International Trade Commission (“ITC”), which has caused the ITC to seek out ways to increase efficiency. Several years ago, the ITC introduced an early 100-Day...more

Jones Day

Redesign Cleared Following Adverse Initial Determination

Jones Day on

In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the...more

Jones Day

Imported Articles Satisfy the ITC’s Domestic Industry Requirement When Domestic Value-Add is Shown

Jones Day on

In a recently issued Initial Determination, ALJ McNamara ruled that beer containers imported into the U.S. satisfied the domestic industry requirement when the Complainants were able to show significant domestic value-add....more

Jones Day

Defaulting Respondent Left Holding the Bag

Jones Day on

A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was...more

Mintz - Intellectual Property Viewpoints

ITC rejects minimum threshold requirement for domestic industry economic prong and emphasizes the importance of contextual...

In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial...more

Jones Day

ITC Imposes Fine for Violating Cease and Desist Order

Jones Day on

In a recent Enforcement Initial Determination, ALJ Shaw held that Sony had violated previously issued cease and desist orders (“CDOs”) and determined that the appropriate penalty was a fine of $210,134 – Sony’s net profit...more

Jones Day

ITC Issues GEO to Protect Domestic Manufacturer From Anonymous Online Sales

Jones Day on

In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a general exclusion order (“GEO”). Certain Self-Anchoring Beverage Containers, Inv. 337-TA-1092, Comm’n Op....more

Jones Day

ITC Terminates Investigation With Respect To Patents Set to Expire before Target Date

Jones Day on

A recent Initial Determination (“ID”) by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation “toothless” since relief was not practicable before the patents would...more

Jones Day

ITC’s Trademark Decisions May Have Preclusive Effect, After All

Jones Day on

The Federal Circuit recently vacated part of its decision from three months ago, which held that “the Commission’s trademark decisions, like its patent decisions, do not have preclusive effect.” We reported on that decision....more

Mintz - Intellectual Property Viewpoints

Patent Prosecution and FDA Compliance Expenses May Help Satisfy the ITC’s Domestic Industry Requirement

In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) provided useful guidance for patentees by reaffirming that there is no categorical rule that patent...more

Mintz - Intellectual Property Viewpoints

ITC Domestic Industry Products Do Not Need to Be Commercially Available

In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) held that domestic industry products do not need to be commercially available to satisfy section...more

Knobbe Martens

Failure of ITC to Follow Its Own Rules May Constitute Harmless Error

Knobbe Martens on

SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Although the ITC must strictly comply with its rules, failure to do so...more

Jones Day

ITC Rejects Sofa Design Patent Infringement On Prosecution History Estoppel Grounds

Jones Day on

While design patents follow many of the same rules as utility patents, the application of those rules in determining design patent infringement can be less than straightforward. But a recent Initial Determination by ALJ...more

McDermott Will & Emery

Not So Swag: No Preclusive Effect for ITC Trademark Infringement, Validity Rulings

McDermott Will & Emery on

Addressing for the first time whether International Trade Commission (ITC) trademark infringement rulings have a preclusive effect on district court litigation, the US Court of Appeals for the Federal Circuit affirmed the...more

Mintz - Intellectual Property Viewpoints

The International Trade Commission Has Broad Jurisdictional Authority, Including Indirect Sellers

On April 26, 2019, Administrative Law Judge (“ALJ”) Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission’s (“ITC”) jurisdictional authority extends to...more

McDermott Will & Emery

A Notice of Deficiency Is Not Set in Stone

McDermott Will & Emery on

A recent case decided by the United States Court of Appeals of the Tenth Circuit reminds taxpayers to be aware that the Internal Revenue Service (IRS) is not necessarily locked in to the positions and arguments stated in the...more

Jones Day

ITC Concludes Early Disposition Program Not Appropriate for Subject Matter Eligibility and Domestic Industry

Jones Day on

On April 2, 2019, the Commission issued an order denying Respondents’ requests to use the Early Disposition Program. Certain Data Transmission Devices, Components Thereof, Associated Software, and Products Containing the...more

Jones Day

ITC’s Trademark Decisions Are Not Entitled To Preclusive Effect

Jones Day on

Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019). The Court...more

Knobbe Martens

Trademark Decisions Rendered by the International Trade Commission Do Not Have Preclusive Effect

Knobbe Martens on

SWAGWAY, LLC V. ITC - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not...more

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