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
On February 27, 2018, Administrative Law Judge (“ALJ”) Bullock issued an Initial Determination granting Respondents’ renewed emergency motion to terminate the Investigation because the Commission will be unable to issue a...more
In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more
Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more
1/11/2018
/ Comcast ,
Direct Infringement ,
Discovery ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Software Patents ,
Suprema
We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more
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
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
In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings....more
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 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
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
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
On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no...more
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
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
As we have previously reported here, 2016 was a banner year for Section 337 proceedings at the ITC. Sixty new Section 337 related complaints were filed at the ITC—a 50% increase over the previous year. 2016’s tally exceeds...more