International Trade Commission

News & Analysis as of

A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program

On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more

Intellectual Property Newsletter -August 2016

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a number of current IP topics, including a look at the America Invents Act, five years in; the U.S. International Trade...more

The 100-Day Program at the ITC

In light of Audio Processing Hardware, it is now clear that, with respect to appeals of ITC 100-day program determinations, Commission determinations against a complainant are immediately appealable, while determinations in...more

Trade & Manufacturing - News of Note - August 2016

ITC Votes to Extend Antidumping Duties on Imports of Porcelain-on-Steel Cooking Ware from China for Five More Years - On July 12, the International Trade Commission (ITC) voted 5-0 to extend the U.S. antidumping duty...more

ITC Puts 337 Case on Imports of Steel on Hold

On April 26, the United States Steel Corporation (U.S. Steel) filed a complaint with the International Trade Commission (ITC) alleging that certain unfair trade practices relating to the import of steel carbon and alloy steel...more

ITC Section 337 Update – August 2016

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

Advancing New Claims Under the Lanham Act

Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related...more

Legal FAQ: Introduction to Patent Litigation

Who enforces a patent? When can a district court patent case be filed? What does the patent holder have to prove to win an infringement suit? Fenwick patent litigators Charlene Morrow and Dargaye Churnet cover these and other...more

Tariff and Trade Bill Signed Into Law

On May 20, President Obama signed the American Manufacturing Competitiveness Act of 2016. The bipartisan, bicameral legislation, which was passed overwhelmingly in the House and by unanimous consent in the Senate, reforms the...more

Hot Topics: AIA Estoppel Provisions Clarified

The Federal Circuit’s recent decision in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., has shed some light on the estoppel provisions in America Invents Act (AIA) post-grant proceedings. Like the estoppels in...more

US ITC Blocks Converse Chuck Look A Likes But Not On All Trademarks

In a wide-ranging investigation before the U.S. International Trade Commission (ITC), Converse asserted four trademarks against 31 respondents in an alleged Chuck Taylor look-a-like industry. After 22 of those respondents...more

United States Imposes Duties Against Unfairly Traded Steel Imports Amid Global Overcapacity Crisis

In June, the U.S. International Trade Commission (Commission) determined that unfairly priced and subsidized imports of cold-rolled and corrosion-resistant steel products have materially injured U.S. producers. The Commission...more

Sole Relief from the International Trade Commission

On June 23, 2016, the U.S. International Trade Commission (“ITC”) issued a decision in the closely watched Converse proceeding, invalidating one of Converse’s trademarks for its iconic Chuck Taylor shoes and issuing a broad...more

A Time For Everything: Defendant Can Add To Invalidity Contentions After The Lifting Of A Years-Long Stay

Order Granting Leave to Amend Invalidity Contentions, Richtek Technology Corp. v.. uPI Semiconductor Corp., et al., Case No. 09-cv-05659-WHA (Judge William Alsup) - Much can change procedurally while a patent case is...more

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

New Bipartisan Act Will Simplify the Temporary Tariff-Reduction Process

President Obama signed the American Manufacturing Competitiveness Act of 2016 (the Act) into law on May 20, 2016, to overhaul the process of developing a Miscellaneous Tariff Bill (MTB). Under this Act, companies will not...more

US Regulators Investigate Chinese Steelmakers for Hacking Trade Secrets

The U.S. International Trade Commission (“ITC”) last week launched an investigation into United States Steel Corporation’s (“U.S. Steel”) complaint that Chinese hackers stole trade secret information—including proprietary...more

Anti-Competitive Conduct Claims In ITC Section 337 Cases

Last week in Investigation No. 337-TA-1002 (certain carbon and alloy steel products); the U.S. International Trade Commission instituted an investigation of imported steel products from China. The investigation will include...more

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

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