News & Analysis as of

International Trade Commission

Judge Essex Updates Ground Rules to Limit Prehearing Briefs, Opening Statements

by Jones Day on

Last week, Judge Essex issued a notice updating his ground rules in active investigations pending before him...more

A Comparison of US and EPO Post Grant Practices

Challenging the validity of a patent through the courts of Europe and the United States can be a time-consuming and expensive process. Oppositions at the European Patent Office (EPO) and US post-grant cancellation...more

Globalization in the Trump Era: A Snapshot at Five Months

by Holland & Knight LLP on

The era of globalization may not be over, but the post-World War II global trading regime is undergoing a period of stress last seen during the demise of the Bretton Woods exchange mechanism in the early 1970s. I. General...more

Boeing, Bombardier, and the Government of Canada Engage in Escalating Dispute Over Alleged Dumping and Future Purchases of Fighter...

by Lane Powell PC on

Trade disputes between the U.S. and Canada over softwood lumber and dairy concentrates have made headlines, as relations between these trading partners have grown increasingly contentious. The newest front in those disputes...more

PTAB Invalidates Two Cisco Patents Found Valid and Infringed at the ITC

The Patent Trial and Appeal Board (“PTAB”) issued Final Written Decisions regarding Cisco’s U.S. Patent Nos. 6,377,577 (the “’577 Patent”) and 7,023,853 (the “’853 Patent”) on May 25, 2017 and U.S. Patent No. 7,224,668 (the...more

SEIA’s Finance & Tax Seminar Soundbites

Below are soundbites from panelists at the Solar Energy Industries Association’s (SEIA) Finance & Tax Seminar in New York City. The seminar was held on June 1 and 2, but only comments from the second day are reflected below....more

Commissioner Kieff to Leave ITC

by Jones Day on

ITC Commissioner F. Scott Kieff has announced that he is leaving the ITC to return to his previous academic position as a professor at the George Washington University Law School.  Kieff’s last day at the ITC will be June 30,...more

ITC Reopens Comment Period For Certain MTB Petitions - Short Window Follows Release Of Preliminary Report

by King & Spalding on

As part of its ongoing efforts under the new Miscellaneous Tariff Bill (“MTB”) process, the U.S. International Trade Commission (“ITC”) announced last Friday that it would accept additional public comments on certain MTB...more

Life, Liberty, and…IPRs? SCOTUS to Weigh in on Constitutionality of Inter Partes Review Proceedings

by Bryan Cave on

Today, the Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (June 12, 2017), to decide whether post-grant proceedings created under the America Invents Act (“AIA”) are...more

ITC Section 337 Update – May 2017

by King & Spalding on

Commission Holds Hearing On Antitrust Injury In Certain Carbon And Alloy Steel Products, Inv. No. 337-TA-1002 – The U.S. International Trade Commission (“the Commission”) held a rare hearing on the Administrative Law Judge’s...more

Solar Cell, Washing Machine Imports May Face Additional Duties and Quotas Under New Section 201 Cases

In May 2017, the U.S. International Trade Commission (ITC) began examining two petitions filed under Section 201 of the Trade Act of 1974. Because it applies to imports of a product or products from all countries — as opposed...more

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

ITC Opens Section 201 Investigation of Imported Solar Cells

On May 23, 2017, the US International Trade Commission (ITC) initiated an investigation in response to Suniva Inc.’s recent petition under Section 201 of the Trade Act of 1974. As noted in our alert earlier this week, Suniva...more

U.S. International Trade Commission Considers $37M Fine for Continued Patent-Infringing Imports

The U.S. International Trade Commission is weighing the recommendation of an Administrative Law Judge that GPS gear-maker Garmin be fined $37 million for violating previous Commission orders. The Commission had found in 2015...more

Cover All Your Bases in ITC Discovery

by Jones Day on

Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases. Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did...more

Drafting Broad Claims to Cover a Competitor is for Naught if the Specification Doesn’t Support Them

In Rivera v. ITC, [2016-1841] (May 23, 2017), the Federal Circuit affirmed the International Trade Commission’s decision that there was no violation of 19 U.S.C. §1337, because the claims of U.S. Patent No. 8,720,320 were...more

The Worst Kept Secret: Trump Announces Intention to Renegotiate NAFTA

by Dickinson Wright on

On May 18, 2017, the United States Trade Representative (USTR) Robert Lighthizer announced the Trump Administration’s intention to initiate negotiations with Canada and Mexico regarding the “modernization” of the North...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit:

The big news this week (and it is particularly big news in Tyler and Marshall, Texas) is that the ?Supreme Court rules that a defendant “resides” for purposes of the patent venue statute only ?where the defendant actually ?is...more

Renewable Energy Update - May 2017 #4

by Allen Matkins on

Renewable Energy Focus - SunPower starts project at California Air Force base - Solar Industry Magazine - May 23 - SunPower Corp. has broken ground on a 28-megawatt solar photovoltaic project at Vandenberg Air...more

Interplay Between Inter Partes Reviews (IPRs) and ITC Section 337 Proceedings

Since the passage of the America Invents Act (“AIA”) in 2011, Inter Partes Reviews (“IPRs”) before the Patent Trial and Appeal Board (“PTAB”) have assumed growing importance in patent litigation in federal district courts. ...more

Night Note: The 1st 100 Days: USTR Seeks Comments and Holds Hearing on NAFTA Renegotiation

by Alston & Bird on

On Tuesday, May 23, 2017, the Office of the U.S. Trade Representative (USTR) officially announced in a Federal Register notice that the United States intends to commence negotiations with Canada and Mexico over modernization...more

Solar Industry Import Drama Continues

On April 26, 2017, Suniva, Inc., a U.S. producer of solar cells and modules, filed a petition with the U.S. International Trade Commission (ITC) under Section 201 of the Trade Act of 1974 seeking temporary import relief...more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

Renewable Energy Update - May 2017 #3

by Allen Matkins on

Renewable Energy Focus - Non-utility suppliers could serve 85% of load by mid-2020s, according to new CPUC report - Utility Dive - May 17 - A new report from the California Public Utilities Commission (CPUC) and...more

ITC Publishes Determinations On Biodiesel Antidumping, Countervailing Investigation

by Bergeson & Campbell, P.C. on

On May 12, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register its preliminary determinations regarding the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports...more

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