News & Analysis as of

International Trade Commission

Can Renting Be a Sale After Importation?

by Jones Day on

We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does...more

DOC Initiates Biodiesel Antidumping, Countervailing Investigation

by Bergeson & Campbell, P.C. on

On April 13, 2017, the U.S. Department of Commerce (DOC) announced that it was formally initiating antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia. The decision...more

ITC Judge Takes Notice of PTAB Institution Denials

by Jones Day on

PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation...more

Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

by Jones Day on

Judge McNamara determined to reopen the record after the hearing and take judicial notice of two PTAB decisions denying institution of IPR challenges of the asserted patents in Certain Composite Aerogel Insulation Materials...more

ITC Announces Preliminary Biodiesel Antidumping And Countervailing Duty Investigation

by Bergeson & Campbell, P.C. on

On March 29, 2017, the U.S. International Trade Commission (ITC) published a notice in the Federal Register announcing the commencement of the preliminary phase of a biodiesel antidumping and countervailing duty investigation...more

ITC Opens the Door Wider To Non -Practicing Entities

by Dickinson Wright on

In a recent ruling, the International Trade Commission permitted a non-practicing entity to rely on the activities of its licensee to establish the “economic industry” prong of the domestic industry requirement. In...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

Renting is Not a Sale After Importation

by Jones Day on

On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no...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

National Biodiesel Board Fair Trade Coalition Files Antidumping, Countervailing Duty Petition

On March 23, 2017, the National Biodiesel Board (NBB) announced that an antidumping and countervailing duty petition had been filed with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC)...more

IPRs Are Not Time Barred by an Earlier ITC Complaint

by Jones Day on

Since their introduction as part of the America Invents Act, Inter Partes Reviews (IPRs) have proven to be a powerful tool for parties accused on patent infringement. One important constraint on their deployment is a one year...more

ITC Proceedings Do Not Trigger One Year Clock to File IPR

by Jones Day on

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the...more

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more

These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more

Trade & Manufacturing - News of Note - March 2017

by King & Spalding on

President Trump’s Trade-Related Nominees Confirmed - Several nominees selected by President Trump for key positions that will participate in the development of U.S. trade policy during his administration have been...more

ITC Commissioners Divided Over Standards For Cease And Desist Orders

Recent decisions by the Commission highlight a split among the Commissioners over the proper standard for issuing cease and desist orders. The majority of Commissioners appear to agree that the determination regarding...more

U.S. Stainless Steel Sheet and Strip and Carbon and Alloy Steel Cut-To-Length Plate Manufacturers Granted Relief from Unfair...

by Kelley Drye & Warren LLP on

On March 3, 2017, the U.S. International Trade Commission (“ITC”) issued two affirmative determinations in favor of clients represented by Kelley Drye & Warren. The ITC unanimously determined that U.S. producers of stainless...more

Supreme Court Denies Petition for Writ of Certiorari Over Sino Legend’s Trade Secret Theft Challenge

by King & Spalding on

On January 9, 2017, the Supreme Court denied the petition for writ of certiorari submitted by Sino Legend Chemical Co., Ltd. (Sino) in litigation stemming from SI Group, Inc.’s (SI) Section 337 complaint. In a Section 337...more

ITC Section 337 Update – March 2017

by King & Spalding on

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

U.S. Ammonium Sulfate Manufacturers Win Relief from Unfair Imports from China

by King & Spalding on

On February 8, 2017, the U.S. International Trade Commission (ITC) determined that domestic producers of ammonium sulfate are materially injured or threatened with material injury by reason of imports from China. As a result,...more

Complainant Cannot Move For Summary Determination Against Its Own Interests

by Jones Day on

Judge Pender issued Order No. 19 in Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, denying Complainant The Chamberlain Group’s (“CGI”) motion for summary determination that the accused products...more

Section 337 Actions at the ITC: another forum for pharma and biosimilars litigation?

by Goodwin on

With the growing volume of biosimilar and pharma litigation in district courts and before the PTAB, the U.S. International Trade Commission may emerge as another forum for patent holders against imported biosimilars. Section...more

ITC Reschedules Oral Argument

by Jones Day on

As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in...more

ALJ: Complainant Can Rely Entirely On Licensee’s Activities For DI Requirement

by Jones Day on

As a follow up to our previous post, Judge McNamara has issued the public version of her Initial Determination pursuant to the 100-day Pilot Program proceeding on domestic industry in Certain Silicon-On-Insulator Wafers, Inv....more

ITC Grants Oral Argument

by Jones Day on

As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337...more

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