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COVID-19: The International Trade Commission Institutes Three-Phase Plan To Re-Open; In-Person Hearings For Section 337...

- On June 22, 2020, the ITC issued a notice extending its COVID-19 Action Plan. - The ITC entered Phase One of its three-phase plan to reopen to the public. - The ITC ordered the ITC’s Administrative Law Judges to...more

The International Trade Commission Considers an Exclusion Order in an Investigation Based on Purported Standard-Essential Patents

- On April 7, 2020, the ITC overturned a Final ID issued by Chief ALJ Charles E. Bullock. The Final ID found infringement of a SEP by the Respondents’ accused products and recommended the ITC issue the remedy of an exclusion...more

The Federal Circuit Finds Jurisdiction over the ITC’s Decision Not to Institute an Investigation Under Section 337 and Explains...

• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”). • A decision...more

Northern District of California Enforces Forum Selection Clause in License Agreement and Orders Licensee to Withdraw IPR Petitions

On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The court granted...more

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