In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the...more
In a recently issued order, the ITC indicated its willingness to consider case-by-case modifications to its hearing procedures in view of the ongoing COVID-19 pandemic. Certain Touch-Controlled Mobile Devices, Computers, and...more
A recent opinion by the ITC reiterates that a violation of Section 337 can be based on infringement of a method claim that occurs after importation of the relevant article(s). Certain Blood Cholesterol Testing Strips and...more
The COVID-19 pandemic surprisingly is not impacting the number of filings at the ITC in fiscal year (“FY”) 2020. Prior to the start of quarantine on March 16, 2020, fifteen (15) new complaints were filed at the ITC. On...more
On March 31, 2020, the ITC issued an order denying Respondents’ request to use the Early Disposition Program. Certain Electronic Candle Products and Components Thereof, Inv. 337-TA-1195. The ITC concluded that the issue of...more
In a recently issued Initial Determination, ALJ McNamara ruled that beer containers imported into the U.S. satisfied the domestic industry requirement when the Complainants were able to show significant domestic value-add....more
In a recently issued order, ALJ McNamara relied on her Ground Rules to require the parties to limit their cases and focus on their best theories. Certain Rotating 3-D Lidar Devices, Components Thereof and Sensing Systems...more
In a recent Initial Determination (“ID”), ALJ McNamara indicated that the inclusion of a certification provision in the Limited Exclusion Order (“LEO”) was warranted to allow the respondent to import non-infringing redesigns....more
Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a...more
10/3/2019
/ §314(a) ,
Administrative Law Judge (ALJ) ,
America Invents Act ,
Claim Construction ,
Evidentiary Standards ,
Final Written Decisions ,
International Trade Commission (ITC) ,
Parallel Proceedings ,
Patent Cancellation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Prior Art
The Federal Circuit recently vacated part of its decision from three months ago, which held that “the Commission’s trademark decisions, like its patent decisions, do not have preclusive effect.” We reported on that decision....more
In a recent order, ALJ Cheney granted leave for Complainant to personally serve certain foreign Respondents because the ITC was unable to successfully serve those Respondents. See In re Certain Child Carriers and Components...more
In a recently issued pair of orders, ALJ Lord denied both Respondents’ and Complainants’ motions in limine to exclude certain expert testimony. Certain Radio Frequency Microneedle Dermatological Treatment Devices and...more
7/1/2019
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Admissible Evidence ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Expert Witness ,
International Trade Commission (ITC) ,
Litigation Strategies ,
Motions in Limine ,
Section 337
In a recently issued order, Chief ALJ Bullock granted Respondent’s motion to amend its Response to the Complaint almost nine months after the investigation had been instituted to include the defense of inequitable conduct in...more
On April 1, 2019, Chairman David S. Johanson announced that Judge Cameron Elliot has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge (“ALJ”). ALJ Elliot joins ALJs Bullock, Shaw, Lord,...more
Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the Matter of...more
While it is well understood that the ITC can issue an exclusion order to stop the importation of articles found to infringe a patent, it is not as well known that such orders can also prevent certain domestic activities. A...more
2/15/2019
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Corporate Counsel ,
Evidence ,
Exclusion Orders ,
Imports ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Remedies ,
Section 337
In a recent opinion, the International Trade Commission (“ITC”) issued a limited exclusion order and cease and desist orders (“CDOs”) directed towards Respondent Toshiba’s infringing products. Certain Non-Volatile Memory...more
On August 27, 2018, ALJ Bullock issued an Initial Determination granting Complainants’ motion for summary determination – finding a violation of section 337 and issuing a General Exclusion Order (“GEO”). Certain...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
The ITC permits a domestic industry to be based on any claim of an asserted patent even if the claim defines an article that is different from the investigated article of commerce. In a recent order, ALJ Cheney reiterated...more
In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike...more
In a recent order, ALJ Lord highlighted that standing requirements at the ITC differ from those in federal courts. At the ITC, only one complainant needs to demonstrate standing. See Certain Road Construction Machines &...more
A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses that typically bind private parties to raise disputes in a...more
As we previously reported, after almost 3 years, new rules for ITC patent cases will go into effect in June. The new rules will apply to all ITC investigations instituted after June 7, 2018.
The new rules include several...more
The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined...more
4/20/2018
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Exclusion Orders ,
Final Determinations ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
Patent Assertion Entities ,
Patent Expiration ,
Patent Litigation ,
Patents ,
Petition For Rehearing