News & Analysis as of

Imports Chevron Deference

Mintz - Intellectual Property Viewpoints

Federal Circuit Rejects Google’s Bid To Shrink ITC Jurisdiction over Post-Importation Acts of Indirect Infringement

In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed. See Loper Bright...more

Dorsey & Whitney LLP

Commerce Proposes Wide-Ranging Regulations for Antidumping and Countervailing Duty Proceedings, With Reduced Court Deference...

Dorsey & Whitney LLP on

The U.S. Department of Commerce (“Commerce”) earlier this month proposed a set of wide-ranging revisions and additions to its regulations (i.e., the “Proposed Rule”) for antidumping and countervailing duty (“AD/CVD”)...more

ArentFox Schiff

As the (Customs and Trade) World Turns: July 2024

ArentFox Schiff on

Welcome to the July 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Venable LLP

Loper Decision Impact on Patent Law

Venable LLP on

Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation...more

BakerHostetler

Federal Circuit Denies Rehearing on Whether Section 337 Includes Digital Imports

BakerHostetler on

The Federal Circuit debate begun in Suprema, Inc. v. International Trade Commission, 796 F.3d 1338 (Fed. Cir. 2015) (en banc), continued with the court’s denial of rehearing en banc in ClearCorrect Operating, LLC v....more

Foley & Lardner LLP

Important Decisions on the Scope of the ITC's Authority

Foley & Lardner LLP on

In the latter half of 2015, the Federal Circuit in Suprema v. ITC and ClearCorrect v. ITC issued two decisions addressing the scope of the International Trade Commission’s (“ITC”) authority to exclude infringing articles. In...more

King & Spalding

ITC Section 337 Update – February 2016

King & Spalding on

Commission and Align Technology Petition for Rehearing En Banc in ClearCorrect - On January 27, 2016, the U.S. International Trade Commission (“Commission”) and Align Technology, Inc. petitioned for rehearing en banc in...more

Knobbe Martens

ITC Powerless to Block Importation of Infringing Digital Files

Knobbe Martens on

The Federal Circuit held that the U.S. International Trade Commission (“ITC”) could not block the import of infringing digital files because the ITC lacked jurisdiction. According to the Federal Circuit, the term “articles”...more

McDermott Will & Emery

On Remand, Panel Affirms ITC Finding of Section 337 Violation - Suprema, Inc. v. International Trade Commission

McDermott Will & Emery on

In a non-precedential remand decision, the original panel in the case of Suprema v. International Trade Commission affirmed the International Trade Commission’s finding that appellant Suprema violated § 337 by inducing...more

McDermott Will & Emery

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement - Suprema, Inc. and Mentalix Inc. v. Int’l Trade...

McDermott Will & Emery on

In a 6-4 ruling, a sharply divided en banc Federal Circuit overturned the original panel decision and deferred to the International Trade Commission’s (ITC or Commission) interpretation of the phrase “articles that …...more

Foley Hoag LLP

Federal Circuit’s En Banc Suprema Ruling Confirms the ITC’s Authority to Exclude Imported Goods Used to Directly Infringe in the...

Foley Hoag LLP on

On August 10, 2015, the Federal Circuit held that under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) could exclude from the United States imported goods that, after importation, are used in...more

Mintz

Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

Mintz on

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

McDermott Will & Emery

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement

McDermott Will & Emery on

Suprema, Inc. and Mentalix Inc. v. Int’l Trade Comm’n, Case No. 12-1170 (Fed. Cir. Aug. 10, 2015) (Reyna, J.) (O’Malley, Proust, Lourie, and Dyk JJ., dissenting). By way of background, appellee Suprema manufactures...more

King & Spalding

ITC Section 337 Update – August 2015

King & Spalding on

En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

Mintz - Intellectual Property Viewpoints

ClearCorrect v. ITC: Federal Circuit Hears Argument in Case Which Will Decide Whether ITC Has Jurisdiction Over Digital Imports

On Tuesday, August 11, the Federal Circuit heard oral arguments in ClearCorrect v. International Trade Commission, a case that will decide whether the ITC has the power to exclude intangible items that are imported digitally...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit overturns panel decision and upholds Commission in Suprema, Inc. v. International Trade Commission rehearing en...

En banc Court reverses panel decision 6-4 and upholds U.S. International Trade Commission determination that it has broad authority to address acts of induced infringement based upon post-importation conduct. Procedural...more

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