The ITC recently modified a previously issued remedial order such that certain of the Respondents’ redesigned products were not covered by the limited exclusion order (LEO) or the cease and desist order (CDO). Certain Network...more
7/16/2018
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Exclusion Orders ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Redesigned Products
One of the advantages of bringing a dispute to the ITC is the ease with which service of process can be accomplished against foreign respondents. Unlike in district court, the rules at the ITC merely require that the ITC mail...more
The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined...more
4/20/2018
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Exclusion Orders ,
Final Determinations ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
Patent Assertion Entities ,
Patent Expiration ,
Patent Litigation ,
Patents ,
Petition For Rehearing
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
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
We previously wrote about the ITC Commissioners’ split on the standard for the issuance of cease and desist orders. In recent opinions, Commissioners Schmidtlein and Kieff have written separately to express their view that...more