News & Analysis as of

International Trade Commission

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

NAFTA is not the only important trade issue on Congress’ radar this Fall

by Dentons on

The US trade policy conversation has been dominated by the NAFTA renegotiations, the Trump administration’s resurrection of Section 232 national security investigations on aluminum and steel, Section 201 safeguard...more

ITC Denies Request to Modify Protective Order

by Jones Day on

In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings....more

Chief Judge Stark Rejects Motion for Enhanced Damages Award Due to the Public Interest in the Accused Hepatitis C Virus Treatments

Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—“the largest damages verdict ever returned in a patent [infringement]...more

Trump Announces Nomination of Two ITC Commissioners

by Kelley Drye & Warren LLP on

On September 28, President Donald Trump announced his nomination of two Commissioners to the United States International Trade Commission. Dennis M. Devaney of Michigan for the remainder of a nine-year term, expiring June...more

Commerce Announces Preliminary Subsidy Rates on Chinese and Indian Mechanical Tubing Exports

by Kelley Drye & Warren LLP on

On September 19th, the Department of Commerce announced that they will impose preliminary countervailing duties (“CVD”) on Chinese and Indian exports of cold-drawn mechanical tubing of carbon and alloy steel. ...more

Instructional Materials Not Always Sufficient to Show Induced Infringement

by Jones Day on

In a recent Initial Determination, Administrative Law Judge Shaw concluded that the Complainant’s reliance on marketing and instructional materials was not sufficient to prove inducement of infringement of a claimed method....more

Asserted Claims Found Indefinite in Electrical Connectors Investigation

by Jones Day on

In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation,...more

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

U.S. Trade Commission Finds Domestic Injury from Foreign Solar Imports

by Foley & Lardner LLP on

In a ruling highly anticipated and hotly debated in the solar industry, the U.S. International Trade Commission determined in a unanimous 4-0 decision today that foreign imports of solar modules caused “serious injury” to...more

Respondents Denied Leave to Amend Answer to Complaint

by Jones Day on

In Certain Digital Cable and Satellite Products, Set-Top Boxes, Gateways and components Thereof; Inv. No. 337-TA-1049, ALJ McNamara recently denied a motion by Respondents to amend their answer to the complaint to add the...more

Federal Circuit Stay Order Demonstrates Value of Redesign as Defense in ITC Actions

by Jones Day on

The Federal Circuit has determined to partially stay an ITC exclusion order as it pertains to products redesigned after the remedial orders issued. We have previously posted about Certain Network Devices, Related Software and...more

Respondents Sanctioned For Discovery Violation

by Jones Day on

On September 28, 2017, in Certain Carbon and Alloy Steel Products; Inv. No. 337-TA-1002, ALJ Lord issued the public version of her order requiring Respondents Wuhan Iron and Steel Group Corp., Wuhan Iron and Steel Co., Ltd.,...more

Bombardier Update

by Lane Powell PC on

Lane Powell previously analyzed the trade dispute over the Bombardier C Series aircraft underway in the U.S. International Trade Commission (ITC)....more

CALJ Denies Motion to Supplement Expert Reports

by Jones Day on

In Certain Integrated Circuits with Voltage Regulators and Products Containing Same; Inv. No. 337-TA-1024, Chief ALJ Bullock recently denied a motion by Complainant R2 Semiconductor, Inc. to take additional discovery and...more

Late September Surge at the ITC: Ten New Section 337 Complaints In Two Weeks

September closed with ten new complaints of unfair competition under Section 337, including patent and trademark infringement, in the last two weeks of September. Five of those complaints were filed within the two-day span of...more

Hogan Lovells ITC Section 337 Monthly Highlights

by Hogan Lovells on

The latest news round-up from our Hogan Lovells ITC Section 337 practice, including a new section featuring "tips from the bench" by former ITC Judge Theodore (Ted) R. Essex. Please see full Publication below for more...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 28

by Clark Hill PLC on

White House to Request Emergency Supplemental Funding for Puerto Rico: The White House will submit an additional request to Congress in the next two to four weeks which is not expected to include any deficit restructuring...more

ITC Issues Notice On Final Phase Of Biodiesel Antidumping, Countervailing Investigation

by Bergeson & Campbell, P.C. on

On September 20, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register a notice of the scheduling of the final phase of antidumping (AD) and countervailing duty (CVD) investigations of...more

5 Things Reflected in the ITC’s Suniva Injury-Phase Vote and What Comes Next

by Stoel Rives LLP on

The U.S. International Trade Commission (ITC) voted unanimously on September 22, 2017, for an affirmative determination of injury to U.S. producers of crystalline silicon photovoltaic (CSPV) products, such as solar cells,...more

U.S. Solar Industry and Alternative Energy Market Await “Global Safeguard” Remedy Recommendations by U.S. International Trade...

by Bryan Cave on

The U.S. International Trade Commission (ITC) determined on Friday, September 22, 2017, that Crystalline Silicon Photovoltaic (CSPV) cells (regardless whether they are assembled fully or partially into other products)...more

ITC Decision Could Cloud Outlook for Solar Project Developers

by Jones Day on

A recent decision by the U.S. International Trade Commission ("ITC") could have long-term consequences for the U.S. solar industry. On September 22, 2017, the ITC found, by a vote of 4-0, that rising imports have caused...more

Remedy Phase Begins after ITC Finds that Imports Injured US Solar Industry

Today the US International Trade Commission (ITC) issued a unanimous decision under Section 201 of the Trade Act of 1974 that imported solar panels are the “substantial cause” of serious injury or the threat of serious injury...more

U.S. Solar Industry Braces for Potential Tariffs After U.S. International Trade Commission Decision

by Holland & Knight LLP on

After the U.S. International Trade Commission's (ITC) ruling on September 22 that importers of solar panels have seriously injured domestic solar panel manufacturers, the U.S. solar industry is set for a period of...more

Section 201 Solar Trade Case Injury Determination

by Clark Hill PLC on

The U.S. International Trade Commission ("ITC" or "Commission") unanimously determined on September 22, 2017 that low-cost, imported solar equipment has caused serious injury to the domestic solar cell and panel industry. As...more

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