Join Directors Daniel E. Yonan, Uma N. Everett, and Paul A. Ainsworth for the "ITC Section 337 Year in Review" webinar on Wednesday, February 28, 2024, at 2:00 p.m. EST. This webinar wraps up our 2023 series, Navigating the...more
2/22/2024
/ Continuing Legal Education ,
Design Patent ,
Hyundai ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Kia ,
Patent Infringement ,
Patent Litigation ,
Section 337 ,
Webinars
2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more
2/21/2024
/ Administrative Law Judge (ALJ) ,
Imports ,
International Trade Commission (ITC) ,
Inventions ,
Inventors ,
Investigations ,
Legislative Agendas ,
Non-Practicing Entities ,
Patents ,
Policies and Procedures ,
Proposed Legislation ,
Protective Orders ,
Section 337 ,
USITC ,
USPTO
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337
Directors Daniel E. Yonan, Uma N. Everett, and Josephine Kim will present the webinar "Strategic Use of the ITC as a Complainant" on Wednesday, September 13, 2023, at 1:00 PM (EDT).
During the webinar, our presenters will...more
Danny Yonan, Director and head of the firm’s ITC practice, and Directors Uma Everett and Paul Ainsworth will present the webinar "What is the ITC and How to Minimize Your Risk of Being Sued in that Forum" on Wednesday, July...more
In ClearCorrect v. ITC, issued on November 10, 2015, the Federal Circuit interpreted the term “articles” as used in Section 337 to be tangible, physical items. Accordingly, electronic transmissions were held to be outside the...more
En banc Court reverses panel decision 6-4 and upholds U.S. International Trade Commission determination that it has broad authority to address acts of induced infringement based upon post-importation conduct.
Procedural...more
8/13/2015
/ Chevron Deference ,
Direct Infringement ,
En Banc Review ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Judicial Authority ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337
While the Supreme Court’s section 101 decisions may garner the biggest headlines, the high court has also invested significant efforts in the area of induced infringement. Commil v. Cisco, decided on May 26, 2015, marks the...more
Enforcement of biologic patents at the United States International Trade Commission under Section 337 provides certainty and tactical advantages to patent holders that are unavailable in district court under the BPCIA. For...more
Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers.
Procedural Background -
Suprema v....more
In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, slip op. 574 U.S. __ (2015), the U.S. Supreme Court ruled that underlying factual issues resolved while formally construing a disputed patent claim term at the...more
1/30/2015
/ Claim Construction ,
De Novo Standard of Review ,
Extrinsic Evidence ,
Hatch-Waxman ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Standard of Review ,
Teva Pharmaceuticals ,
Teva v Sandoz
On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more
What’s at Stake?
The panel majority held that exclusion orders under § 337 may not issue based on a theory of induced infringement where the direct infringement does not occur until after the articles are imported. The...more