International Trade Commission

News & Analysis as of

The ITC Flexes Its Trade Secrets Muscles Again

The Federal Circuit has once again affirmed the ITC’s broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets. Based on this and other recent decisions, it looks like the...more

ITC Section 337 Update – February 2016

Commission and Align Technology Petition for Rehearing En Banc in ClearCorrect - On January 27, 2016, the U.S. International Trade Commission (“Commission”) and Align Technology, Inc. petitioned for rehearing en banc in...more

The ITC Tries an En Banc Shot to Redefine Its Regulatory Authority

In our recent post, Living in a Nonmaterial World: Determining IP Rights for Digital Data, we discussed the potential impact of the Federal Circuit decision in ClearCorrect v. ITC, 2014-1527, in which the appeals court held...more

2015 IP Law Year In Review

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

New Antidumping and Countervailing Duty Petitions on Truck and Bus Tires from China

On January 29, 2016, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed antidumping (AD) and countervailing duty (CVD) petitions with the U.S....more

ClearCorrect: ITC and Patentee Align Submit Petitions for Rehearing En Banc, Asking Federal Circuit to Reconsider Whether the ITC...

On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC. The Federal Circuit’s panel...more

Business, Labor, Manufacturing, And Agriculture Representatives Provide ITC With Different Perspectives On Likely Impact Of The...

During January 13-15, 2016, the U.S. International Trade Commission (“ITC”) held hearings concerning the likely impact of the Trans-Pacific Partnership Agreement (“TPP”) on the U.S. economy. Witnesses from a variety of...more

Year in Review: The Most Popular Blog Posts of 2015

As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more

New Antidumping and Countervailing Duty Petitions on Certain Biaxial Integrated Geogrid Products from China

On January 13, 2016, Tensar Corporation (Tensar) filed antidumping (AD) petitions with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) regarding certain biaxial integral geogrid products...more

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

US CHINA TRADE WAR–DEVELOPMENTS IN TRADE POLICY, TRADE, PRODUCTS LIABILITY, 337/IP ANTITRUST AND SECURITIES

TRADE POLICY - TPP RUNS INTO HEADWINDS - As predicted in past blog posts, on December 28, 2015, the Wall Street Journal reported that the US Election Debate was complicating the passage of the Trans Pacific...more

Living in a Nonmaterial World: Determining IP Rights for Digital Data

The U.S. International Trade Commission (ITC) regulates U.S. trade and oversees Section 337 investigations that address unfair competition based on alleged infringement of intellectual property rights. The ITC has been a...more

Violation of ITC Consent Order Can Be Based on “Infringement” of Invalid Claims - DeLorme Publishing Co. et al. v. Int’l Trade...

Reviewing the International Trade Commission’s (ITC or Commission) finding of a violation of a consent order, a divided panel of the U.S. Court of Appeals for the Federal Circuit concluded that a subsequent finding that the...more

ITC Confirms a Section 337 Violation May be Based on Discontinued Accused Products

On occasion, the allegations in a patent-based a section 337 investigation will apply the asserted patent(s) against an accused product that, by the time the investigation concludes, has been discontinued. This is...more

ITC Section 337 Update – December 2015

Amendments To Federal Rules Of Civil Procedure Announced – Effective December 1, 2015, the Federal Rules of Civil Procedure (“FRCP”) have been amended with respect to pleading requirements and discovery. Notably, the FRCP do...more

Federal Circuit Review | December 2015

Expert Testimony Not Always Necessary to Establish Prima Facie Obviousness Case in Inter Partes Review - In Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, 2014-1576, on appeal from an IPR, the Federal Circuit...more

Committing to the Case: How Inadvertent Errors Can Subject You to the Estoppel Provisions of 35 U.S.C. § 315(e)

Inter partes review (IPR) proceedings allow a party “the petitioner” to challenge the patentability of an issued patent. However, failure comes with a price: 35 U.S.C. § 315(e) bars the petitioner from any future invalidity...more

2015 End-Of-Year Wrap-Up

On November 19, 2015, Benesch’s 3D printing group quarterbacked a well-attended presentation sponsored by the Association for Corporate Growth-Cleveland. In addition to Mark Avsec from Benesch (and Ira Kaplan’s...more

Claim Drafting Strategies -- Functional Claiming and Reciting User-Action

On December 1, 2015, the International Trade Commission (ITC) rendered an opinion In the Matter of Certain Vision-Based Driver Assistance System Cameras, Components Thereof, and Products Containing the Same, investigation no....more

US CHINA TRADE WAR–DAMAGE CAUSED BY AD ORDERS, TRIUMPH AND TRAGEDY OF TAAF, TPP DEVELOPMENTS, NEW TRADE/CUSTOMS LAW

Attached is the first half of the December blog post, which covers the collateral damage caused by US Antidumping Orders on downstream US production by the numerous antidumping orders against raw material inputs from China,...more

Trade & Manufacturing - December 2015

President Obama Rejects Keystone Pipeline - On November 6, President Obama announced his decision to deny TransCanada’s application for approval to build the Keystone XL Pipeline. This decision comes over seven years...more

With Trans-Pacific Partnership Negotiations Concluded, Administration Turns to Clearing Domestic Hurdles

The working text (all 5,500+ pages) of the 12-country Trans-Pacific Partnership Agreement (TPP) was released to the public on November 5. This text is still undergoing an intense legal scrub and must be translated into its...more

Federal Circuit Panel Rejects ITC Assertion of Authority Over Intangible Articles - ClearCorrect Operating, LLC et al. v. Int’l...

Reviewing an interpretation by the U.S. International Trade Commission (ITC or Commission) of its enabling statute (§ 337 of the Tariff Act) for the second time in three months, a divided panel of the U.S. Court of Appeals...more

Groundbreaking, Multilateral Trans-Pacific Partnership Trade Talks Conclude – Enactment Pending Lawmakers Assessment of the Deal

After nearly a decade of talks, the United States and eleven other negotiating partners announced on October 5, 2015 the conclusion of the Trans-Pacific Partnership (TPP) trade agreement, marking an important milestone toward...more

ITC Initiates Investigation Into Likely Impact Of Trans-Pacific Partnership Agreement

The Office of the U.S. Trade Representative (USTR) has requested pursuant to section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, that the U.S. International Trade Commission (the ITC)...more

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