News & Analysis as of

Indirect Infringement International Trade Commission (ITC)

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

Fish & Richardson

ITC Monthly Wrap-Up: May 2023

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In May, there were two new complaints filed at the U.S. International Trade Commission, including complaints filed by Efficient Power Conversion Corp. (Semiconductor Devices and Products Containing the Same) and Shoals...more

Jones Day

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

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Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

McDermott Will & Emery

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

Foley & Lardner LLP

Important Decisions on the Scope of the ITC's Authority

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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

Knobbe Martens

Federal Circuit Review | September 2015

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Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

King & Spalding

ITC Section 337 Update – September 2015

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Judge MaryJoan McNamara Appointed New Administrative Law Judge at U.S. International Trade Commission – On August 17, 2015, the ITC issued a news release announcing that Judge MaryJoan McNamara has been appointed as an ALJ....more

Mintz - Intellectual Property Viewpoints

ALJ Shaw Confirms ITC’s Post-Suprema Authority to Exclude Articles That Infringe After Importation Based on Contributory...

The International Trade Commission has recently released the public version of the Administrative Law Judge’s Final Initial Determination in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices,...more

Fenwick & West LLP

Landmark Decision Limits the Authority of the International Trade Commission

Fenwick & West LLP on

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the...more

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