Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes,...more
6/25/2025
/ Appeals ,
CAFC ,
Contract Terms ,
Damages ,
Expert Testimony ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
Last month the Federal Circuit issued a decision in the Lashify case that significantly broadens the opportunity for companies to bring a lawsuit before the U.S. International Trade Commission (“ITC”). The ITC is known for...more
4/22/2025
/ Appeals ,
Domestic Industry Requirement ,
Enforcement Actions ,
Exclusion Orders ,
Imports ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents
The U.S. International Trade Commission (“ITC”) recently amended its Rules and Regulations, making a number of changes to its discovery and complaint-filing procedures. The new rules went into effect on February 3, 2025. The...more
The Commission recently reversed the ALJ’s determination that the economic prong of the domestic industry requirement was satisfied and thereby found that there had been no section 337 violation in Certain Replacement...more
4/18/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Domestic Corporations ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Litigation ,
Patents ,
Pilot Programs ,
Reversal ,
Section 337 ,
Utility Patents
The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a showing that a respondent had a “commercially...more
In comparison to prior years, the ITC had a lower case load in 2023. This does not appear to have any relationship with the average time to resolution, but it could be contributing to the ITCs increased tendency to resolve...more
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
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