David Maiorana on Initial Determination (ID)

ITC Imposes Fine for Violating Cease and Desist Order

In a recent Enforcement Initial Determination, ALJ Shaw held that Sony had violated previously issued cease and desist orders (“CDOs”) and determined that the appropriate penalty was a fine of $210,134 – Sony’s net profit...more

10/18/2019 / Administrative Law Judge (ALJ) , Cease and Desist Orders , Exclusion Orders , Initial Determination (ID) , International Trade Commission (ITC) , Patent Infringement , Patents , Presidential Review , Section 337 , Sony , Supply Chain

ITC Concludes Early Disposition Program Not Appropriate for Subject Matter Eligibility and Domestic Industry

On April 2, 2019, the Commission issued an order denying Respondents’ requests to use the Early Disposition Program. Certain Data Transmission Devices, Components Thereof, Associated Software, and Products Containing the...more

5/22/2019 / Administrative Law Judge (ALJ) , Domestic Industry Requirement , Federal Pilot Programs , Initial Determination (ID) , International Trade Commission (ITC) , Non-Practicing Entities , Patent-Eligible Subject Matter , Patents , Section 101

Product Prototype Built Abroad Satisfies Domestic Industry Requirement

On February 14, 2019, the U.S. International Trade Commission (“ITC”) issued an Initial Determination (“ID”) in the matter of Certain Road Construction Machines and Components Thereof, Inv. 337-TA-1088. In the ID, ALJ Lord...more

4/16/2019 / Administrative Law Judge (ALJ) , Domestic Industry Requirement , Initial Determination (ID) , Intellectual Property Protection , International Trade Commission (ITC) , Manufacturers , Patent Infringement , Patents , Section 337

ITC Grants General Exclusion Order for Section 337 Violations

A recent initial determination (“ID”) from the ITC resulted in a general exclusion order for products infringing several patents belonging to Complainant National Products Inc. (“NPI”). Certain Mounting Apparatuses For...more

1/11/2019 / Administrative Law Judge (ALJ) , Direct Infringement , Domestic Industry Requirement , Exclusion Orders , Initial Determination (ID) , Intellectual Property Protection , International Trade Commission (ITC) , Patent Infringement , Patents , Section 337

ITC Makes It Easier for Complainants to Meet the Domestic Industry Requirement

In a recent decision, the Commission overruled the ALJ to clarify, and ultimately expand, the universe of investments that complainants can use to meet the economic prong of the domestic industry (“DI”) requirement. Certain...more

8/6/2018 / Administrative Law Judge (ALJ) , Corporate Counsel , Domestic Industry Requirement , Initial Determination (ID) , International Trade Commission (ITC) , Investment , Manufacturers , Patent Infringement , Patents , Research and Development , Section 337

The Commission Doesn’t Rubber Stamp Even Highly Technical Claim Constructions

On February 14, 2018, the Commission affirmed ALJ Pender’s initial determination of non-infringement but based on modified grounds related to the construction of the claim term “single-molecule sequencing.” In re Certain...more

3/27/2018 / Administrative Law Judge (ALJ) , Claim Construction , Initial Determination (ID) , International Trade Commission (ITC) , Patent Infringement , Patents , Prosecution History Estoppel