International Trade Commission

News & Analysis as of

April 2014: ITC Litigation Update

Inducement in the ITC Following Suprema? A split Federal Circuit panel held in Suprema, Inc. v. ITC (Dec. 13, 2013) that an exclusion order issued by the International Trade Commission (“ITC”) under Section 337 “may not be...more

ITC Reasserts Jurisdiction over Electronic Transmissions in Digital Models

On April 3, 2014, the International Trade Commission (the ITC or the “Commission”) released an opinion in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental...more

The Federal Circuit Considers Petitions For Rehearing Suprema — Its Decision Defining The ITC’s Authority To Police Induced...

The International Trade Commission and Cross Match Technologies Inc. requested rehearing of the December panel decision of the U.S. Court of Appeals for the Federal Circuit in Suprema Inc. and Mentalix Inc. v. U.S....more

How Will ITC Confirmation That It Has Jurisdiction Over Digital Imports Impact Software and Media Industries?

The International Trade Commission (ITC) issued its much-awaited decision in Certain Digital Models today, affirming in a decision with important implications for the software and media industries that digital importation is...more

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

UK Enters into Tax Agreements with the Cayman Islands and Other Offshore Jurisdictions

The UK and the Cayman Islands recently entered into an agreement to improve international tax compliance (ITC). Similar to the US Foreign Account Tax Compliance Act (FATCA), the ITC imposes wide-ranging UK financial reporting...more

ITC Section 337 Update – March 2014

Jury Sets FRAND Rate For And ITC Ends Investigation Into LSI/Agere Wi-Fi Patents – On February 26, 2014, a Northern District of California federal jury reached a Verdict in Realtek Semiconductor v. LSI and Agere, Case...more

ITC Companies Settle FERC Enforcement Action Regarding Federal Power Act Section 203 and 205 Violations for $750,000

On March 11, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving a settlement between the FERC Office of Enforcement (OE) and four subsidiaries of ITC Holdings Corp. (the ITC Companies) that...more

ITC Section 337 Update – February 2014

Commission Petitions Federal Circuit For Panel Rehearing And Rehearing En Banc In Suprema Case – On Friday, February 14, 2014, the Commission filed a Combined Petition for Panel Rehearing and Rehearing En Banc in Suprema v....more

IP Quarterly - Winter 2014

In This Issue: Suprema, Inc. v. ITC; Ibormeith IP, LLC v. Mercedes-Benz USA, LLC; Intellect Wireless v. HTC; and IPR’s Limited Grounds Prove Challenging for Petitioners. Excerpt from Suprema, Inc. v. ITC...more

U.S. International Trade Commission Issues Preliminary Determination of Injury to US Solar Cell Industry from Imports of Certain...

By a vote on February 14, 2014, the U.S. International Trade Commission (ITC) made a preliminary determination of material injury to the U.S. solar cell manufacturing industry due to low-priced Crystalline Silicon...more

Solar Products from China and Taiwan Face Major New Investigations

On February 14, the U.S. International Trade Commission (“ITC”) voted to go forward with the new antidumping and countervailing duty cases filed on New Year’s Eve by SolarWorld Industries America, Inc., the U.S. solar panel...more

FERC Alleges Numerous Federal Power Act Section 203 and 205 Violations by Subsidiaries of ITC Holdings Corp.

On February 11, 2014, the staff of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Notice) stating that it has preliminarily determined that four...more

Guide for International Counsel: Customs Enforcement of IP Rights in Europe & Germany – The New Rules

Preface - Customs authorities in the European Union may detain goods under their control which are suspected of infringing intellectual property (IP) rights. Such proceedings are governed by a new Regulation (EU) No...more

Federal Circuit Update: Suprema, Inc. v. ITC

In a recent and controversial decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) introduced a temporal requirement to the theory of induced infringement under the Tariff Act of 1934 (19 U.S.C. §...more

ITC Now Requires Satisfaction of the “Technical Prong” for Licensing-Based Domestic Industries - Certain Computers and Computer...

Reversing course from longstanding practice, the U.S. International Trade Commission (ITC or Commission) has held that proof of “articles protected by the patent” (i.e., a technical prong) is now required for satisfaction of...more

Federal Circuit Review - January 2014

Reckless Conduct Required for Attorneys’ Fees Award - In Kilopass Technology, Inc. v. Sidense Corp., Appeal No.13-1193, the Federal Circuit vacated and remanded a denial of a motion seeking an award of attorneys’ fees....more

“Inherency Requires More Than Probabilities” - Motorola Mobility, LLC v. Int’l Trade Comm’n

Addressing whether an essential claim limitation is inherently present in a prior art reference for purposes of an anticipation analysis, the U.S. Court of Appeals for the Federal Circuit affirmed a ruling out of the U.S....more

ITC Section 337 Update – January 29, 2014

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

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

ITC Section 337 Update – January 17, 2014

Commission Confirms Licensing-Based Domestic Industry Must Be Tied To Article That Practices Asserted Patent In 841 Investigation – On January 9, 2014, the Commission issued an Opinion in Certain Computers And...more

Energy And Environment Update -- January 14, 2014

In This Issue: Energy and Climate Debate; Congress; Administration; Environmental Protection Agency; Federal Energy Regulatory Commission; International Trade Commission; International; States; Sustainability; and...more

U.S. Industry Files New Allegations Against Solar Products From China And Taiwan

On December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on...more

International Trade Alert - Enforcing the New Export Control Regime

Venable’s International Trade and Customs Practice Group is publishing a five-part series of Client Alerts to highlight the changes surrounding the ECR (Export Control Reform). Below is Part V of the series. - Part I:...more

U.S. Subsidiary of SolarWorld Files New AD/CVD Petitions on Chinese-Origin Solar Cells

On December 31, 2013, SolarWorld Industries America, Inc. (“SolarWorld”) – the U.S. subsidiary of Germany-based SolarWorld AG – filed petitions for the imposition of antidumping and countervailing duties (AD/CVDs) on...more

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