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
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
In a recent opinion, the ITC found that four defaulting respondents violated section 337 and that a general exclusion order (GEO) was the appropriate remedy for unlicensed products. Certain LED Lighting Devices and Components...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
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
2018 marked one of the busiest fiscal years (“FY”) at the International Trade Commission (“ITC”). The agency did not receive the record number of filings that it was nearly on pace for halfway through FY 2018, but it did...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
While the ITC rarely issues general exclusion orders (“GEO”), two recent cases illustrate the importance of seeking such relief in appropriate circumstances. 19 U.S.C. § 1337 gives the Commission authority to enjoin the...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
In a recent Opinion, the Commission continued the practice of including its usual certification provision in the Limited Exclusion Order despite the complainant’s request for a more restrictive certification provision. In re...more
In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No....more