Blaney Harper on Intellectual Property Protection

The Federal Circuit Expands Scope of Domestic Industry Requirement in Lashify

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

3/10/2025 / Appeals , Corporate Counsel , Enforcement Actions , Intellectual Property Protection , Patent Infringement , Patent Litigation , Patents , Regulatory Requirements , Section 337

ITC Issues GEO to Protect Domestic Manufacturer From Anonymous Online Sales

In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a general exclusion order (“GEO”). Certain Self-Anchoring Beverage Containers, Inv. 337-TA-1092, Comm’n Op....more

10/10/2019 / Administrative Law Judge (ALJ) , Exclusion Orders , Initial Determination (ID) , Intellectual Property Protection , International Trade Commission (ITC) , Internet Retailers , Patent Infringement , Patents , Section 337

ITC’s Trademark Decisions Are Not Entitled To Preclusive Effect

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

5/16/2019 / Administrative Law Judge (ALJ) , Appeals , Claim Preclusion , Consent Order , Initial Determination (ID) , Intellectual Property Protection , International Trade Commission (ITC) , Likelihood of Confusion , Trademark Infringement , Trademarks

Declining Domestic Investments May Still Qualify as Significant

In a recent decision, the ITC rejected respondent’s argument that complainant did not meet its domestic industry (“DI”) requirements because of declining investments over the years leading up to the Complaint. In re Certain...more

1/4/2019 / Administrative Law Judge (ALJ) , Domestic Industry Requirement , Initial Determination (ID) , Intellectual Property Protection , International Trade Commission (ITC) , Manufacturers , Patent Infringement , Patents , Section 337 , Sony

Penalties for Violating a Consent Order can be Costly

In In the Matter of Certain Dimmable Comp Act Fluorescent Lamps and Products Containing Same, 333-TA-830 (ITC January 10, 2014), ALJ Pender found enforcement measures were appropriate for Respondent’s violation of a consent...more

11/21/2018 / Administrative Law Judge (ALJ) , Civil Monetary Penalty , Consent Order , Enforcement , Intellectual Property Protection , International Trade Commission (ITC) , Patent Litigation , Patents , Section 337

ITC Lets Investigation Proceed Based on Patents Likely to Expire Before Commission Review

In re Certain Color Intraoral Scanners & Related Software, Inv. No. 337-TA-1091, Order 34 (ITC Sept. 6, 2018) presents an interesting factual scenario. The schedule adopted by the ALJ had the Commission issuing a final...more

10/22/2018 / Administrative Law Judge (ALJ) , Intellectual Property Protection , International Trade Commission (ITC) , Patent Infringement , Patent Litigation , Patent Terms , Patents , Scheduling Orders , Section 337

Establishing Domestic Industry Based on Future Products

In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike...more

8/15/2018 / Administrative Law Judge (ALJ) , Domestic Industry Requirement , Evidence , Intellectual Property Protection , International Trade Commission (ITC) , Motion To Strike , Patent Litigation , Patents , Section 337

New ITC Rules Take Effect June 7, 2018

As we previously reported, after almost 3 years, new rules for ITC patent cases will go into effect in June. The new rules will apply to all ITC investigations instituted after June 7, 2018. The new rules include several...more

5/30/2018 / Administrative Law Judge (ALJ) , Federal Pilot Programs , Intellectual Property Protection , International Trade Commission (ITC) , New Rules , Patents , Rules of Practice

New Intellectual Property Considerations and Risks for Autonomous Vehicles

In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more

5/3/2017 / Automotive Industry , Connected Cars , Driverless Cars , Innovation , Intellectual Property Protection , Patent Infringement , Patent Litigation , Patents , Popular , Software , Wireless Technology

Blaney Harper

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