Section 337

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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

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

Federal Circuit Patent Updates - March 2016

Clare v. Chrysler Group LLC (No. 2015-1999, 3/31/16) (Prost, Moore, Wallach) - Moore, J. Affirming summary judgment of non-infringement of patents related to storage compartment for pickup trucks. The Court rejected...more

US CHINA TRADE WAR–Trump, Trade Policy, NME, TPP, Trade, Customs, False Claims, Products Liability, Antitrust and Securities

Dear Friends, After returning from a two week trip to China to work on the Solar Cells case, this March blog post will cover trade policy, including Trump’s impact on Trade Policy, trade, Customs, False Claims Act, the...more

Important Decisions on the Scope of the ITC's Authority

In the latter half of 2015, the Federal Circuit in Suprema v. ITC and ClearCorrect v. ITC issued two decisions addressing the scope of the International Trade Commission’s (“ITC”) authority to exclude infringing articles. In...more

ITC Section 337 Update – March 2016

BriarTek IP, Inc. Petitions for Writ of Certiorari - On February 10, 2016, BriarTek IP, Inc. filed a petition for writ of certiorari to review a judgment of the United States Court of Appeals for the Federal Circuit that...more

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods: Part 2 of 2

Part 1 of this blog discussed the advantages of a proactive and integrated IP protection strategy. Here, in Part 2, we address the benefits and weaknesses of the various IP protections and provide one example of a cohesive...more

Intellectual Property Law - February 2016

Both Sides Claim Victory in ITC Ruling re Converse's "Chuck Taylors" - Why it matters: On November 17, 2015, an International Trade Commission judge issued an initial ruling in In the Matter of Certain Footwear...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

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

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

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

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

ITC Proposed Amendments to Section 337 Rules

As the costs of patent litigation continue to rise, and tribunals work to more efficiently adjudicate disputes, the United States International Trade Commission (“ITC”) appears to be listening to its constituents: on...more

ITC Section 337 Update – November 2015

Federal Circuit Panel Rules Commission Lacks Jurisdiction Over Digital Transmissions – On November 10, 2015, the Federal Circuit issued a 2-1 panel opinion in ClearCorrect Operating LLC v. ITC, Appeal No. 2014-1527, reversing...more

ITC Has No Jurisdiction to Block Infringing “Electronic Transmissions”

On November 10, a panel of the Federal Circuit reversed a landmark ITC decision blocking the importation of digital information that infringes a patent. This decision has potential ramifications for a wide-range of companies...more

Intellectual Property Alert: Federal Circuit Limits ITC Jurisdiction to “Material Things”

The Court of Appeals for the Federal Circuit has limited the scope of 19 U.S.C. § 1337 (Section 337) to “material things,” which does not include electronic transmissions of digital data. ClearCorrect Operating, LLC v. ITC,...more

Federal Circuit reverses ITC, holds that electronic transmissions of digital data are not "articles" subject to ITC jurisdiction...

Electronic transmissions of digital data from foreign entities are not “articles” under Section 337 (19 U.S.C. § 1337) or subject to ITC jurisdiction, held a split panel of the US Court of Appeals for the Federal Circuit. The...more

Federal Circuit Rules That ITC Does Not Have Jurisdiction Over Digital Imports

On November 10, 2015, the Federal Circuit issued its opinion in ClearCorrect Operating, LLC v. ITC, and struck a blow to both the ITC and the entertainment and software industries by overturning the ITC’s opinion and finding...more

Federal Circuit Rules Digital Data Transmitted Into The U.S. Is Not An “Article” Within ITC’s Juridiction (Clearcorrect,...

Today, a divided three-judge panel of the Federal Circuit (Prost, O’Malley concurring and Newman dissenting) ruled that the U.S. International Trade Commission’s (ITC) authority to provide remedies for unfair acts involving...more

ITC Powerless to Block Importation of Infringing Digital Files

The Federal Circuit held that the U.S. International Trade Commission (“ITC”) could not block the import of infringing digital files because the ITC lacked jurisdiction. According to the Federal Circuit, the term “articles”...more

Federal Circuit panel decision 2-1 reverses U.S. International Trade Commission determination that it has authority to regulate...

In ClearCorrect v. ITC, issued on November 10, 2015, the Federal Circuit interpreted the term “articles” as used in Section 337 to be tangible, physical items. Accordingly, electronic transmissions were held to be outside the...more

ITC Has No Authority to Block Electronic Transmission of Infringing Digital Objects

Three months after its en banc decision in Suprema, Inc. v. Int’l Trade Comm’n 2012-1170 (Fed. Cir. Aug. 10, 2105), the Federal Circuit issued another much-anticipated opinion concerning the authority of the U.S....more

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