International Trade Commission

News & Analysis as of

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

Certiorari Denied For $6.2 Million Consent Order Violation Based On a Patent Later Held Invalid

On November 28, 2016, the U.S. Supreme Court denied a writ of certiorari seeking appeal of the Federal Circuit’s decision to uphold the ITC’s imposition of a $6.2 million penalty against DBN, Inc. and BDN LLC (collectively,...more

UK begins to Reshape its World Trading Relationships following Brexit with Parliamentary Inquiry into Potential US/UK Trade Deal

One of the advantages of Brexit is that the UK will be free to agree its own trade deals with the rest of the world for the first time in nearly 50 years. However, until the UK formally leaves the European Union the EU...more

U.S. Wooden Bedroom Furniture Manufacturers Win Continued Relief from Unfair Imports

On January 10, the U.S. International Trade Commission (ITC) determined that revocation of the antidumping duty order on wooden bedroom furniture from China would likely lead to the continuation or recurrence of material...more

Litigating standard-essential patents: recent developments

Over the course of the past year, there have been two notable decisions issued by the Federal Circuit and the International Trade Commission that impact the scope and nature of the remedies available for the infringement of...more

Intellectual Property Bulletin - Winter 2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

ITC Proceedings under the Pilot Program for Redesigns and New Products

Since February 2015, when the ITC announced its Pilot Program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products, the Commission has issued four decisions under the...more

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

Supreme Court Deflates Sino Legend Cert Petition

On Monday, January 9, the Supreme Court denied a petition for certiorari from Sino Legend Chemical Co., Ltd., concluding litigation that began with a Section 337 complaint filed more than four-and-a-half years ago by SI...more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

New ITC Investigations Surge in 2016

The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016,...more

Checklist: Preparing for potential US trade policy changes in 2017 and beyond

This checklist is designed to help you focus on steps you can take now to get ready for possible US trade policy shifts under a new presidential administration. As a 2016 US presidential candidate, Donald J. Trump made...more

Trade & Manufacturing - News of Note - January 2017

Customs and Border Protection Issues Update On Enforcement Of Trade Orders - U.S. Customs and Border Protection (CBP) released its AD/CVD Update for June/July 2016. As explained in the January 2015 and the August 2016...more

The Undoing Project – Why NAFTA Can’t be Undone, but Can be Re-Done

Boy, does it sound convincing when Mr. Trump states he will submit notice under section 2205 of NAFTA to let Mexico and Canada know that the U.S. will withdraw from NAFTA. The problem is, while the president-to-be is capable,...more

International Trade Litigation and the New Trump Administration: Your Top Ten Questions Answered

Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more

ITC Solicits Public Comments On MTB Petitions - 45-Day Comment Period Open Until February 24, 2017

The U.S. International Trade Commission (“ITC”) is now accepting public comments on Miscellaneous Tariff Bill (“MTB”) petitions for duty suspensions and reductions that timely were filed with the agency by December 12, 2016,...more

Defending Domestic Interests in the New Miscellaneous Tariff Bill Process – Important Next Steps and Deadlines

At the end of 2016, about 3200 petitions were filed with the ITC to suspend tariffs on products ranging from chemical manufacturing inputs to consumer products. Over the next several months, the International Trade Commission...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

2016 Patent Litigation Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Patent Litigation Year in Review. WSGR’s patent litigation practice is nationwide in scope and has received national recognition in recent years, with our...more

Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation

The United States International Trade Commission (“ITC”) is an independent, quasijudicial Federal agency with broad oversight over trade matters. In addition to trade practices such as dumping and subsidies, the ITC...more

Carbon and Alloy Steel—Update: Commission to Review ID Dismissing Antitrust Claims

The Commission will review Judge Dee Lord’s initial determination (“ID”) dismissing U.S. Steel’s antitrust claims on the pleadings. As we previously posted (here), Judge Lord ruled that U.S. Steel was required to plead...more

United States International Trade Commission Issues Final Determination After Holding First Public Hearing in Nearly a Decade

Key Points - - After the first public hearing by the United States International Trade Commission (“ITC”) in almost a decade, the ITC issued a Limited Exclusion Order (LEO) that excludes the Respondent’s accused...more

International Harmonization of Trade Secret Rights and Remedies

In a recently unprecedented bipartisan effort the United States enacted the Defend Trade Secrets Act (DTSA) on May 11, 2016. What many in the US do not know is that less than 30 days later the EU passed European Union...more

1,000 Miscellaneous Tariff Bill Petitions Filed And Counting: Filing Window Closes at 5:15 p.m. on December 12

More than 1,000 petitions seeking temporary duty suspensions and reductions pursuant to the American Manufacturing Competitiveness Act of 2016 (the Act) have been filed with the U.S. International Trade Commission (ITC). As...more

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