News & Analysis as of

Customs and Border Protection Imports Patent Infringement

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

Jones Day

ITC Grants Request for Carve-Out in Limited Exclusion Order With Certification Provision

Jones Day on

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

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

Fox Rothschild LLP

Importer Sues CBP For Delay In Releasing Products

Fox Rothschild LLP on

A complaint filed in the United States Court of International Trade (“CIT”) late last week highlights the practical challenges and frustration that come from delayed resolutions and parallel proceedings between federal courts...more

McGuireWoods LLP

Effectively Sued But Not Named — General Exclusion Orders at the ITC

McGuireWoods LLP on

Section 337 investigations are in rem proceedings to determine whether imported articles infringe a valid intellectual property right. Personal jurisdiction over the manufacturer or importer of those articles is not required...more

Jones Day

Commission Continues Use of Standard Certification Provision Even When Finding That All Accused Products Infringe

Jones Day on

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

King & Spalding

ITC Section 337 Update – March 2016

King & Spalding on

BriarTek IP, Inc. Petitions for Writ of Certiorari - On February 10, 2016, BriarTek IP, Inc. filed a petition for writ of certiorari to review a judgment of the United States Court of Appeals for the Federal Circuit that...more

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