In Lashify v. ITC, the Federal Circuit held that the economic prong of the domestic industry requirement, which is a precondition for obtaining International Trade Commission Section 337 relief, can be satisfied with...more
Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019). The Court...more
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
This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders. In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC...more
10/26/2017
/ Appeals ,
Cease and Desist Orders ,
Defense Strategies ,
Exclusion Orders ,
Final Written Decisions ,
Inter Partes Reexamination ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Remedial Actions ,
Section 337 ,
USPTO
Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the...more