In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more
The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more
11/28/2017
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Domestic Industry Requirement ,
Exclusion Orders ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Section 337 ,
Trade Dress ,
Trade Secrets ,
Trademark Infringement ,
Unfair Competition ,
USPTO
In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days....more
11/3/2017
/ 28 U.S.C. § 1295(a)(6) ,
Administrative Law Judge (ALJ) ,
Appeals ,
Claim Construction ,
Indefiniteness ,
International Trade Commission (ITC) ,
Investigations ,
Patent Invalidity ,
Patent Litigation ,
Reversal ,
Section 337
In a recent Initial Determination, Administrative Law Judge Shaw concluded that the Complainant’s reliance on marketing and instructional materials was not sufficient to prove inducement of infringement of a claimed method....more
Dispositive summary judgment in district court patent cases is somewhat common, but similar early dispositions of Section 337 investigations in the ITC are rare in comparison. One such outcome happened recently in Certain UV...more
The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more
A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more
7/7/2017
/ Administrative Law Judge (ALJ) ,
Copyright ,
Copyright Infringement ,
Damages ,
Default ,
Federal Pleading Requirements ,
International Trade Commission (ITC) ,
Lanham Act ,
Misappropriation ,
Patent Infringement ,
Patents ,
Remedies ,
Section 337 ,
Trade Dress ,
Trademark Infringement ,
Trademarks
Last week, Judge Essex issued a notice updating his ground rules in active investigations pending before him...more
We previously wrote about the uphill battle Respondent Eko Brands faced in an enforcement proceeding after it defaulted in the underlying investigation. The ALJ found during the proceedings that res judicata barred its...more
5/1/2017
/ Administrative Law Judge (ALJ) ,
Affirmative Defenses ,
Declaratory Judgments ,
Default ,
International Trade Commission (ITC) ,
Lack of Authority ,
Noninfringement ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
Remedial Actions ,
Res Judicata ,
Rescission ,
Section 337
As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337...more
3/2/2017
/ Administrative Law Judge (ALJ) ,
Antitrust Litigation ,
Civil Conspiracy ,
False Designation of Origin ,
International Trade Commission (ITC) ,
Misrepresentation ,
Oral Argument ,
Price-Fixing ,
Section 337 ,
Sunshine Act ,
Trade Secrets ,
US Steel