International Trade Commission

News & Analysis as of

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In an unusual change of course, the United Steelworkers Union (USW) has now withdrawn the Section 201 petition it filed just last week to request temporary relief against imports of primary unwrought aluminum.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

Section 201 Safeguard Petition Filed Against Primary Aluminum Could Impact Sourcing

On April 18, the United Steelworkers union filed a Section 201 “safeguards” petition regarding primary, unwrought aluminum. This case could impact purchasers of primary, unwrought aluminum (such as billets, hollow billets,...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

Simple Beats Precise: No Need for Carve-Outs Before Using Previously Produced Discovery

Discovery Order, Richtek Technology Corp. v.. uPI Semiconductor Corp., et al., Case No. 09-cv-05659-WHA (Magistrate Judge Laurel Beeler) - Here is a riddle for you: when can an interest in reducing cost and burden...more

Federal Circuit Decides Not to Rehear ClearCorrect Operating, LLC v. ITC, Finding the ITC Does Not Have Jurisdiction over Digital...

On March 31, 2016, in a blow to the software and entertainment industries, the Federal Circuit denied the International Trade Commission’s (“ITC”) request for a rehearing en banc of the Federal Circuit’s November 10, 2015...more

Threatened US trade action targeting global imports could significantly disrupt the US steel market

By many accounts, the US steel industry is in a significant downturn, which by some measures is nearly as bad as that suffered during the last recession. In response to this downturn, the US steel industry has filed a series...more

Update: Federal Circuit Declines to Reconsider ITC Jurisdiction over Electronic Transmissions of Digital Data

The scope of the United States International Trade Commission’s ability to prevent infringement from abroad may have just been significantly reduced. On March 31, 2016, the Federal Circuit Court of Appeals issued an order...more

Commerce Finds Dumping Of Hot-Rolled And Cold-Rolled Steel Imports

In March, the U.S. Department of Commerce (Commerce) announced its affirmative preliminary determinations in antidumping (AD) investigations involving certain hot-rolled and cold-rolled steel products. The hot-rolled AD...more

New Antidumping Duty and Countervailing Duty Petitions on HEDP from China

On March 31, 2016, Compass Chemical International LLC (Compass) filed antidumping (AD) and countervailing duty (CVD) petitions with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC),...more

En Banc Federal Circuit Declines to Re-hear Decision Restricting ITC’s Ability to Regulate Electronic Transmissions

On March 31, 2016, an en banc Federal Circuit issued a per curiam order declining petitions for en banc review of its November 10, 2015, decision in ClearCorrect Operating, LLC v. Int’l Trade Comm’n (No. 2014-1527), in which...more

New Antidumping Duty Petition on Ferrovanadium from Korea

On March 28, 2016, an antidumping (AD) petition was filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding Ferrovanadium from Korea. The petition was filed by the Vanadium...more

IP Newsflash - March 2016 #4

SUPREME COURT CASES - Sequenom Seeks Supreme Court Review of Diagnostic Claims Held Invalid Under § 101 - On Monday, March 21, 2016, Sequenom, Inc. filed a petition for writ of certiorari in Sequenom, Inc. v. Ariosa...more

New Antidumping Duty Petition on Phosphor Copper from Korea

On March 9, 2016, an antidumping (AD) petition was filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding phosphor copper from Korea. The petition was filed by Metallurgical...more

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