ITC Section 337 – Quarterly Highlights

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The Trump Administration’s Potential Impact on ITC Section 337 Cases
 

Most project the Trump administration as less inclined toward continued patent reform, more pro-patent, and certainly more trade protectionist, than other recent administrations.  How might these tendencies impact the ITC in its handling of Section 337 cases?  Although administration changes typically do not have a large impact on Section 337 practice, we have identified five areas where there may be an impact. MORE>
 

ALJ Determines That Licensee’s Activities Satisfy Domestic Industry Economic Prong Under Section 337
 

An Initial Determination (ID) by Administrative Law Judge Mary Joan McNamara allows patent owner and non-practicing entity (NPE) Silicon Genesis Corporation (“SiGen”) to rely on the domestic activities of its licensee SunEdison Semiconductor Limited (“SunEdison”) to satisfy the economic prong of the ITC’s domestic industry requirement for establishing a violation under Section 337. MORE>
 

ITC Decision in Textile Fabrics Demonstrates Section 337’s Potential Application to False Advertising Claims
 

On March 20, 2017, the ITC determined that it will issue a general exclusion order (“GEO”) in Certain Woven Textile Fabrics and Products Containing Same, Inv. No. 337-TA-976. The GEO will prohibit the entry of certain woven textile fabrics and products containing same that are falsely advertised through a misrepresentation of thread count. MORE>

 

Commission Holds Oral Argument on Dismissal of Antitrust Claims in Section 337 Case

 


On April 20, 2017, the Commission held an oral argument in connection with its review of an administrative law judge’s decision to grant Chinese steel producers’ motion to dismiss antitrust claims by United States Steel Corporation (USSC), in the Section 337 case Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002. MORE>

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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