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
On March 16, 2019, the ITC implemented a temporary change to filing procedures in light of the global COVID-19 pandemic. The accompanying notice stated that the ITC will temporarily waive and amend its rules that require the...more
In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement. Certain Height-Adjustable Desk Platforms and...more
In a recent decision, ALJ Cheney determined that severance of an investigation was necessary for efficient adjudication of the issues raised in the Complaint. Certain Light-Emitting Diode Products, Systems, and Components...more
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
The ITC recently denied a joint motion to terminate an investigation on the basis of settlement after the parties failed to meet the requisite conditions. See In re Certain Child Carriers and Components Thereof, Inv. No....more
In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named respondents in default and concluded a general exclusion order (GEO) was the appropriate remedy. Since the...more
Shortly before the evidentiary hearing, ALJ Lord granted Complainant’s motion in limine and excluded certain testimony in the witness statement of Respondents’ expert as precluded by her ground rules governing expert...more
6/24/2019
/ Administrative Law Judge (ALJ) ,
Computer-Related Inventions ,
Discovery ,
Evidentiary Hearings ,
Expert Testimony ,
Expert Witness ,
International Trade Commission (ITC) ,
Patents ,
Prior Art ,
Section 337 ,
Testimony ,
Written Descriptions
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
The ITC recently issued a Seizure and Forfeiture Order in response to an attempted importation of “ink cartridges and components thereof” subject to a General Exclusion Order (“GEO”) issued May 26, 2016. Certain Ink...more
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
We previously noted that the Commission does not believe it is required to vacate a civil penalty order just because the litigants settle a case. The Federal Circuit’s decision in DBN Holdings, Inc. v. ITC, No. 17-2128 (Fed....more
In In re Certain Magnetic Tape Cartridges and Components Thereof, 337-TA-1058 (ITC October 2, 2018, Order), Administrative Law Judge Cheney ruled that even if a respondent is estopped from raising certain invalidity...more
The ITC recently indicated that 19 U.S.C. 1337(a)(2) does not require that a domestic industry product be sold before a complaint is filed for a domestic industry to exist. See Certain Road Construction Machines and...more
In Diebold Nixdorf, Inc. v. ITC, the Federal Circuit reversed the ITC’s finding of a Section 337 violation based on the ITC’s reliance on unrebutted expert testimony. Diebold, No. 17-2553 (Fed. Cir. Aug. 15, 2018). The case...more
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
While patent decisions from the ITC do not have collateral estoppel effects on later district court cases, other ITC decisions may create collateral estoppel. In a case of first impression, a district court recently ruled...more
Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018...more
5/3/2018
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Expedited Discovery ,
Federal Pilot Programs ,
Federal Register ,
Federal Rules of Civil Procedure ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
New Rules ,
Patents ,
Proposed Regulation ,
Rulemaking Process ,
Rules of Practice ,
Section 337 ,
Young Lawyers
In a recent order, the Commission again declined to institute an Early Disposition Pilot Program (100-day Pilot Program), this time citing the complexity of the issues raised in the request. In the Matter of Certain...more
Following up on a previous post, Administrative Law Judge Bullock recently granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A.,...more
In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc.,...more
1/2/2018
/ Administrative Law Judge (ALJ) ,
Discovery ,
Inequitable Conduct ,
Motion to Compel ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Prior Art ,
Section 337 ,
USPTO
In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more
The ITC has dealt a significant blow to the use of Inter Partes Review as a defense to a Section 337 investigation. In an order issued this week, the Commission denied a request to stay remedial orders that are currently on...more
7/28/2017
/ Appeals ,
Cease and Desist Orders ,
Cisco ,
Exclusion Orders ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Section 337 ,
USPTO
A recent ITC enforcement decision highlights the importance of redesigns as an effective strategy for Respondents at the ITC....more
7/25/2017
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Exclusion Orders ,
Initial Determination (ID) ,
Injunctions ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Redesigned Products ,
Reversal ,
Sanctions ,
Section 337
In re Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944 (ITC Comm’n Apr. 19, 2017), is a surprisingly rare opinion addressing a common issue: When should the ITC redact a portion of an...more
4/28/2017
/ Appeals ,
Burden of Proof ,
Confidential Information ,
Final Written Decisions ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Proprietary Information ,
Redaction ,
Remand ,
Section 337 ,
Trade Secrets