News & Analysis as of

International Trade Commission

ITC Holds Section 201 Hearing on Solar Imports

On August 15, 2017, the US International Trade Commission (ITC) held a hearing to consider whether solar panels are being imported in such increased quantities that they are the “substantial cause” of serious injury or the...more

ALJ Essex Retires

by Jones Day on

ALJ Essex has retired from the ITC after a decade of service. News of his retirement was provided in notices issued this week by Chief ALJ Bullock in investigations previously assigned to ALJ Essex....more

Check Each Link in the Chain of Title; The Time to Find Out Your Assignor Does Not Exist is Before you Sue

In In re Certain Thermoplastic-Encapsulated Electric Motors, 337-TA-1052, (August 11, 2017), Administrative Judge Dee Lord dismissed Intellectual Ventures II LLC complaint asserting infringement of U.S. Patent Nos. 7,154,200;...more

“Weight” a Minute – Upon Further Review Those Claims Are Not Indefinite

by Orrick - IP Landscape on

Commission Opinion, Certain UV Curable Coatings For Optical Fibers, and Products Containing the Same, Inv. No. 337-TA-1031 (August 11, 2017) (ITC) - We previously posted – “Weight” a Minute- Those Claims Are Indefinite –...more

U.S. International Trade Commission Persists with Remedy for PTAB-Invalidated Patent

The U.S. International Trade Commission has declined to rescind remedial orders blocking importation of products found to infringe two patents that were recently found invalid by the Patent Trial and Appeal Board of the U.S....more

Commission Overturns Summary Determination in Optical Fibers Investigation

by Jones Day on

In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6,...more

Trade secrets are more important, and trade secret litigation is more common: 7 questions to ask yourself about protecting your...

by DLA Piper on

In today's business environment, trade secrets have become much more important, and trade secret litigation much more common. The trade secret environment we are living in is very different from that of ten years ago, or even...more

Indefiniteness Dooms Patent Claims on Summary Determination

by Jones Day on

Dispositive summary judgment in district court patent cases is somewhat common, but similar early dispositions of Section 337 investigations in the ITC are rare in comparison. One such outcome happened recently in Certain UV...more

Trade & Manufacturing Alert - August 2017

by King & Spalding on

USTR Issues NAFTA Renegotiation Objectives - On July 17, 2017, U.S. Trade Representative (USTR) Robert Lighthizer released the Trump Administration’s objectives for the renegotiation of the North American Free Trade...more

“Weight” a Minute – Those Claims Are Indefinite!

by Orrick - IP Landscape on

Order No. 33, Initial Determination Granting MUV’s Motion for Summary Determination That Claims 16-18, 21, and 30 of U.S. Patent No. 7,076,659 are Invalid under 35 U.S.C. § 112, Certain UV Curable Coatings For Optical Fibers,...more

If You Need a Second Bite at the IPR Apple, Take It Quickly

by McDermott Will & Emery on

In a decision denying a second petition for inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) elucidated the factors weighing against granting the petitioner’s request. The decision underscores the PTAB’s...more

ITC Issues Report On Competitive Conditions Affecting U.S. Aluminum Industry

by King & Spalding on

On February 24, 2016, the U.S. House of Representatives Ways and Means Committee (the Committee) requested, under section 332(g) of the Tariff Act of 1930, that the International Trade Commission (the Commission) conduct a...more

Double Dipping Allowed in Domestic Industry Allocation

by Jones Day on

The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more

Intellectual Property Legislation Update: The Trade Protection Not Troll Protection Act of 2017

by Ropes & Gray LLP on

This past June, a group of U.S. Senators introduced the first patent-focused piece of legislation of the 115th Congress: the STRONGER Patents Act of 2017, which proposes a myriad of changes to the United States patent system....more

Standard for Claim Indefiniteness Virtually Relaxes

by McDermott Will & Emery on

Addressing claim indefiniteness, the US Court of Appeals for the Federal Circuit concluded that the claim term “virtually free from interference” was sufficiently definite to pass § 112 muster. One-E-Way, Inc. v. Sony Corp.,...more

No Stay of Remedial Orders Even After PTAB Finds Claims Unpatentable

by Jones Day on

The ITC has dealt a significant blow to the use of Inter Partes Review as a defense to a Section 337 investigation. In an order issued this week, the Commission denied a request to stay remedial orders that are currently on...more

ITC Denies Suspension or Temporary Rescission of Remedial Orders after PTAB Invalidates Patents at Issue

In a first of its kind decision with important ramifications for patentees, the U.S. International Trade Commission (“ITC”) denied a petition to suspend or temporarily rescind remedial orders issued in Investigation No....more

Final Written Decision Not So Final in Eyes of The ITC

by Jones Day on

The ITC recently continued its trend of giving little deference to parallel PTAB IPR proceedings. In Certain Network Devices, Related Software and Components Thereof (II), Inv. No. 337-TA-945, the ITC denied a request to...more

Trump’s Cuba Policy Could Impact U.S. Agriculture and Other Exports

For American farmers and businesses hoping a pro-business administration would foster increased access to the burgeoning Cuban market, the new trade restrictions announced on June 16 may be a disappointment....more

Colorable Difference Test Not Applicable to CDO Sanctions

by Jones Day on

A recent ITC enforcement decision highlights the importance of redesigns as an effective strategy for Respondents at the ITC....more

Instradent v. ITC: Federal Circuit Oral Argument Highlights Concerns Regarding Parallel ITC, IPR, and District Court Proceedings

On July 11, 2017, Federal Circuit Judges Prost, O’Malley, and Chen heard oral arguments in the appeal captioned Instradent USA, Inc. v. ITC, No. 16-2336 (Fed. Cir.), and, on July 19, 2017, issued a Rule 36 judgment affirming...more

Suniva’s Solar Panel Trade Action and Its Impact on the Industry

by McGuireWoods LLP on

As has been widely reported, Georgia-based solar panel manufacturer Suniva Inc. filed an action with the U.S. International Trade Commission (ITC) aimed at, in some cases, doubling the price of solar panels and cells produced...more

Bioverativ Files ITC Complaint Against CSL’s Idelvion® Alongside District Court Infringement Suit

by Goodwin on

In an earlier post, we discussed the recent rise in Section 337 proceedings against pharmaceutical products and medical devices at the International Trade Commission. Last week, Bioverativ, which markets the recombinant...more

International Trade and Investment Disputes in the Solar Energy Industry – A Hurdle to Renewable Power Generation?

by Hogan Lovells on

In 2040, renewable energy sources will account for more than 50 percent of global power generation, and solar and wind power alone will produce 50 percent of the electricity generation in Australia, Germany, Mexico, and the...more

R&D Based Domestic Industry Questions Remain

by Jones Day on

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more

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