International Trade Commission

News & Analysis as of

Federal Circuit Makes ITC Comply With Its Own Rules

In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of...more

ITC Section 337 Update – July 2014

Commission Enforcing General Policy In Favor Of Transparency With Respect To Settlement Agreements – On July 7, 2014, Administrative Law Judge E. James Gildea issued Order No. 66 in Certain Integrated Circuit Devices...more

IP Quarterly - Summer 2014

In This Issue: - Supreme Court Hears Six Patent Cases This Term - Is Implied License the New Fair Use? - Navigating the Murky Waters of the Domestic Industry Requirements in the International Trade...more

Purported Inventor Fails to Prove Inventorship

General Electric Co. v. Wilkins - Addressing a claim to inventorship of an individual not listed as an inventor on two patents, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling that a...more

ITC Section 337 Update – June 2014

ITC Updates Facts And Trends In Section 337 Investigations – On June 10, 2014, the Commission issued an Update entitled “USITC Section 337 Investigations – Facts And Trends Regarding Caseload And Parties.” On...more

An Exceptional Decision: The ITC Stays Cease and Desist Orders Issued in the Dental Position Adjustment Appliances Investigation

On June 11, 2014, the U.S. International Trade Commission ordered the stay of its own cease and desist orders previously entered against ClearCorrect Operating, LLC (CCUS) and ClearCorrect Pakistan (Private), Ltd. (CCPK)...more

ITC Section 337 Update

U.S. Supreme Court Overturns Federal Circuit Standards For Patent Inducement Infringement And Indefiniteness – In two decisions on June 2, 2014, the U.S. Supreme Court materially changed the standards for patent...more

Business Litigation Report -- May 2014

In This Issue: - Main Article: ..Cloud Computing Is a Hot Topic… in Business and the Courtroom - Noted With Interest: ..Garlock: Lifting the Veil on Asbestos Trust Claims - Practice Area...more

Federal Circuit to Review Consideration of Induced Infringement at the ITC En Banc

Suprema, Inc. v. International Trade Commission - The U.S. Court of Appeals for the Federal Circuit has granted en banc review in the case of Suprema, Inc. v. International Trade Commission in order to consider whether...more

Trade & Manufacturing: News Of Note -- June 2014

State Department Increases Emphasis On International Commerce - In an address at the annual meeting of the United States Export-Import Bank, Secretary of State John Kerry indicated an increased emphasis on...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

Electrical Steel Investigations Advance

Two important electrical steel trade cases are advancing after affirmative preliminary determinations by the U.S. International Trade Commission (ITC) and the Department of Commerce (Commerce). The first case involves imports...more

IP|Trend: International Remedies for Misappropriation of Trade Secrets [Video]

As businesses become more global, and employees more mobile, companies are increasingly realizing that their trade secrets are more at risk. Traditionally, companies would be faced with having to file state law actions on...more

Nintendo Latest Victory Against NPE

On May 19, 2014 a U.S. District Court in the Eastern District of Texas granted a joint motion to dismiss Wall Wireless’ patent lawsuit against Nintendo filed in February of 2009, which implicated the Nintendo DS and DSi...more

Renewable Energy Update -- May 2014 #2

Renewable Energy Focus - White House announces new action on solar energy: TIME - May 9 - The White House is announcing executive actions to advance clean energy on Friday, including $2 billion worth of upgrades to...more

Full Federal Circuit Vacates Panel Decision In Suprema And Grants Petitions For Rehearing En Banc

As we reported last month, the International Trade Commission and Cross Match Technologies, Inc. petitioned for a panel rehearing and a rehearing en banc of the Federal Circuit’s December decision in Suprema v. International...more

Digital Imports: Should Downloads Be Subject to the Tariff Act?

On April 3, the International Trade Commission (ITC) ruled that the agency has jurisdiction to police digital transmission for intellectual property infringement. The ITC hears trade disputes regarding “articles” imported...more

3-D Printing and the International Trade Commission – ITC Stops Importation of Infringing Digital Data Files

The International Trade Commission has jurisdiction to stop the importation of infringing “articles.” The ITC says that the term “articles” includes tangible goods and intangible electronic files. An electronic cross-border...more

ITC Section 337 Update - May 2014

Federal Circuit Holds That There Is No Per Se Rule That Injunctions Are Not Available For Standard Essential Patents – In an Opinion by Circuit Judge Reyna on April 25, 2014 in Apple Inc. v. Motorola Mobility Inc.,...more

IP Buzz - April 2014

In this issue: - Endo Pharmaceuticals v. Actavis: An Analysis from a Transactional Perspective - Supreme Court to Consider Federal Circuit De Novo Review of Claim Construction in Teva Pharmaceuticals USA Inc....more

ITC: Data Transmissions from Abroad Are Importations Subject to Section 337

Unfair acts connected to imported "articles" are unlawful under Section 337. The U.S. International Trade Commission – the agency tasked with administering Section 337 – recently ruled that data transmissions from abroad are...more

ITC Section 337 Update

Commission Confirms That Electronic Transmissions Are "Articles" Under Section 337 – On April 10, 2014, the Commission issued a public version of its Opinion affirming-in-part, reversing-in-part and denying-in-part...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

The ITC Has Jurisdiction Over Digital File Transmissions Under Section 337

On April 3, 2014, the U.S. International Trade Commission has issued a notice in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances...more

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

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