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
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
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