International Trade Commission

News & Analysis as of

Congress Passes MTB Reform Legislation

Congress has enacted new legislation, the American Manufacturing Competitiveness Act of 2016 (H.R. 4923), which offers a unique opportunity for U.S. companies whose imported goods require the payment of tariffs (i.e., normal...more

President Obama Signs American Manufacturing Competitiveness Act of 2016

Law Modifies Process For Duty Suspensions And Reductions - On May 20, 2016, President Obama signed the American Manufacturing Competitiveness Act of 2016 into law (the Act). The Act restores the ability of the U.S....more

In re Certain Activity Tracking Devices, Systems, and Components Thereof

Pepys (17th century) recorded his sleep patterns, so wearable devices that record sleep patterns unpatentable? On April 27, 2016, the U.S. International Trade Commission (ITC) issued an Order indicating that two patents...more

Miscellaneous Tariff Program Will Reduce/Eliminate Import Duties on 1000+ Materials and Products – Is Your Company Eligible for...

Congress recently passed the American Manufacturing Competitiveness Act of 2016, which will formalize an administrative process for temporarily lowering duties (or taxes) on imported raw materials and finished goods that are...more

US Steel Corporation Files Section 337 Complaint on Chinese Carbon and Alloy Steel Products

On April 26, 2016, the United States Steel Corporation ("US Steel") filed a complaint under Section 337 of the Tariff Act of 1930 , 19 U.S.C. § 1337, seeking the exclusion of Chinese carbon and alloy steel products from entry...more

Trade & Manufacturing - May 2016

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years - On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of...more

Business Litigation Report - April 2016

Historic Mandamus Petition May Reduce Size of E.D. Tex. Patent Docket: In re TC Heartland LLC, Case No. 16-105 (Fed Cir. 2015) - Almost half the new patent cases filed in the 94 federal judicial districts in the United...more

SanDisk defeats Walker Process Claim

The District Court for the Northern District of California granted defendant SanDisk’s motion for summary judgment in Giuliano, et al v. SanDisk Corp., et al, 4:10-cv-02787 (N.D. Cal. April 29, 2016). The plaintiffs had...more

April 2016: ITC Litigation Update

The Federal Circuit Considers Another Issue Relating to ITC Jurisdiction in Section 337 Investigations. Less than three months after its en banc decision in Suprema, Inc. v. Int’l Trade Comm’n, 796 F.3d 1338 (Fed. Cir. 2015),...more

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years

On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of continuation of the relief provided by the orders on polyethylene retail carrier bags from China,...more

Red Notice Newsletter - April 2016

ANTICORRUPTION DEVELOPMENTS – Final Judgments Entered Against Seven Former DAP Employees; Four Ordered to Pay - The Securities and Exchange Commission (SEC) announced earlier this month that on April 6 and 7, 2016,...more

Steelworkers Reverse Course and Withdraw Request for Import Relief on Aluminum

In an unusual change of course, the United Steelworkers Union (USW) has now withdrawn the Section 201 petition it filed just last week to request temporary relief against imports of primary unwrought aluminum. According to...more

Union Seeks Increased Duties on Imported Aluminum

On April 18, the United Steelworkers Union (USW) petitioned the U.S. International Trade Commission (ITC or Commission) for relief pursuant to Section 201 of the Trade Act of 1974, a safeguard provision of the U.S. trade...more

New ITC Petition Process to Suspend Tariffs

For decades, the Congress regularly suspended tariffs on hundreds of imported products to benefit American businesses and consumers. This legislation was referred to as the Miscellaneous Tariff Bill or MTB. In the last few...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

United Steel Workers File Petition Requesting Section 201 Investigation of Aluminum Imports

Background - On April 18, 2016, the United Steel Workers filed a petition with the U.S. International Trade Commission (ITC), requesting the initiation of an investigation under Section 201 of the Trade Act of 1974 on...more

A New Way to Reduce Your Tariffs? House Ways & Means Committee Takes a Step Forward

The House Ways & Means Trade Subcommittee held a hearing on April 14, to consider a new process for the Miscellaneous Tariff Bill (MTB), which temporarily reduces or eliminates tariffs on qualifying imported products. The...more

Strategic Considerations of Estoppel for IPRs After Shaw Industries Group v. Automated Creel Systems

When a patent is challenged in an inter partes review and a final written decision has been issued, a statutory estoppel will prevent certain subsequent proceedings. The scope of the estoppel, which applies to both Patent and...more

ITC Section 337 Update – April 2016

Legislation Introduced to Amend Section 337 – On March 22, 2016, Representatives Cárdenas (D-CA) and Farenthold (R-TX) introduced the “Trade Protection Not Troll Protection Act,” which amends Section 337 with respect to,...more

The Trans-Pacific Partnership – Webinar Segment 2

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 2 of that webinar. ...more

Trade & Manufacturing - April 2016

President’s Trip to Cuba Accompanied by Expanded Treasury and Commerce Regulations - On March 20, President Obama arrived in Cuba for an historic visit, marking a significant step in the Obama Administration’s efforts to...more

What "Reasonably" Could Have Been Raised in an Inter Partes Review?

Since their introduction, inter partes review (“IPR”) proceedings have had a close association with district court litigation. Indeed, litigation defendants are often the petitioners who initiate IPR proceedings. Therefore,...more

The ITC Punts on Whether the Presumption of Validity Applies to § 101 Challenges

On April 4, 2016, the U.S. International Trade Commission issued a notice stating that it would not review an Initial Determination by Judge Dee Lord finding the asserted claims of U.S. Patent Nos. 8,398,546 and 8,446,275...more

Rehearing Denial Leaves ITC’s Jurisdiction Tethered to the Material World

Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material...more

Federal Circuit Denies Rehearing on Whether Section 337 Includes Digital Imports

The Federal Circuit debate begun in Suprema, Inc. v. International Trade Commission, 796 F.3d 1338 (Fed. Cir. 2015) (en banc), continued with the court’s denial of rehearing en banc in ClearCorrect Operating, LLC v....more

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