News & Analysis as of

International Trade Commission

When Is It Too Late to Amend an ITC Complaint?

by Jones Day on

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

New Trade Cases on Imports of Sodium Gluconate, Gluconic Acid, and Derivative Products from China and France

by Clark Hill PLC on

New US antidumping (AD) and countervailing (CVD) duty investigations were filed on November 30 against imports from China and France of sodium gluconate (GNA), gluconic acid (GA), and close derivatives, liquid gluconate (LG)...more

Say It Ain’t So Santa:  Court of International Trade Decision Increases Import Duties on Santa Claus Costume

by Kelley Drye & Warren LLP on

The Court of International Trade was not in the holiday spirit when it issued the decision in Rubie’s Costume Co. v. United States, Slip Op 17-147, which held that the imported Santa Claus suit cannot be considered a “festive...more

Aluminum Imports Again Targeted by a New Trade Case

by Clark Hill PLC on

Chinese aluminum exports are again the target of a new U.S. trade action. On November 28, 2017, the Department of Commerce (Commerce) self-initiated antidumping (AD) and countervailing duty (CVD) investigations against...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day on

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

What is Contributory Trademark Infringement?

by Revision Legal on

How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark...more

Federal Circuit Ruling Makes It Possible To Move For A Change In Venue Even In Patent Infringement Cases In Which The Deadline For...

by Brinks Gilson & Lione on

On November 15, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision that could provide opportunities for defendants in pending patent litigation to file motions to change venue even in cases in which...more

October 2017: International Trade Update

The Legal Implications of the Use of Blockchain in International Trade. What has become popularly known as “blockchain” is a form of Distributed Ledger Technology (“DLT”). At its core, blockchain is for electronic...more

DOC Announces Affirmative Final CVD Determination For Argentina And Indonesia

by Bergeson & Campbell, P.C. on

On November 9, 2017, the U.S. Department of Commerce (DOC) issued affirmative final determinations in the countervailing duty (CVD) investigations of imports of biodiesel from Argentina and Indonesia. Following a nine month...more

ALJ Doubles Down on Compelling Depositions in the U.S.

by Jones Day on

ALJ McNamara recently confirmed and tightened her previous order compelling depositions of certain Japanese witnesses in the United States. Certain Digital Cable And Satellite Products, Inv. No. 337-TA-1049, Order No....more

[Webinar] Latest Trends at the International Trade Commission - December 6th, 11:00am CT

by Robins Kaplan LLP on

This webinar will discuss the latest trends for intellectual property disputes at the International Trade Commission (ITC). Examples of questions answered during this webinar include: - What are the current statistics on...more

Diagrams Not Considered Source Code Under Modified Protective Order

by Jones Day on

In a recent Order, ALJ McNamara clarified that while diagrams drawn by an expert depicting the interplay and hierarchy of relevant code modules, inputs, and outputs of source code are to be treated as confidential business...more

Key Takeaways From WilmerHale's Recent Women in Energy and Infrastructure Conference

by WilmerHale on

On November 2, WilmerHale held its inaugural Women in Energy and Infrastructure–Powering the Future conference in Washington DC. The event and pre-conference dinner drew more than 100 attendees and provided a forum for women...more

U.S. International Trade Commission Vote Indicates U.S. Solar Industry, Markets & Policymakers Should Expect Increased Duties &...

by Bryan Cave on

On October 31, 2017, the U.S. International Trade Commission (ITC) voted on “Global Safeguard” import remedies regarding Crystalline Silicon Photovoltaic (CSPV) cells (see International Regulatory Bulletin (IRB) No. 565). A...more

ITC Makes Recommendations in Solar Trade Case

by McGuireWoods LLP on

The fate of the U.S. solar industry is now (at least somewhat) in the hands of President Donald Trump. By Jan. 12, 2018, he must decide what action, if any, to take against overseas solar panel manufacturers whose imports are...more

ITC Rules on SolarWorld/Suniva Investigation

by Dickinson Wright on

In spring of 2017, Suniva Inc. ("Suniva") and SolarWorld Americas, Inc. ("SolarWorld") (together, the "Petitioners"), filed Investigation No. TA-201-075 with the International Trade Commission (the "ITC") under Section 201 of...more

Federal Circuit Upholds ITC Exclusion Order

by Jones Day on

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

Business Litigation Report - October 2017

October 2017: Second Circuit Immunity Decision Upends Cross-Border Criminal Investigations - The Second Circuit Court of Appeals’ recent decision in United States v. Allen, --- F.3d ----, 2017 WL 3040201 (2d Cir. July 19,...more

International Trade Commission Issues Recommendations for Tariffs on Imported Solar PV Equipment

by McDermott Will & Emery on

On October 31, 2017, the US International Trade Commission (ITC) released its recommendations to impose a tariff on imported solar equipment. The proposals it issued, however, would result in duties substantially lower than...more

Congress Presses-On for Temporary Tariff Relief on Non-U.S. Made Goods by Year’s End

by Kelley Drye & Warren LLP on

The House Ways and Means Trade Subcommittee held a hearing on October 25th to discuss the new Miscellaneous Tariff Bill Process – overseen by the U.S. International Trade Commission with input from other federal agencies – to...more

ITC Re-Opens Investigation in Response to Federal Circuit Reversal

by Jones Day on

In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days....more

ITC Proposes Tariffs in Solar Trade Case

by Foley & Lardner LLP on

After hearing days of arguments and considering dozens of filings from solar companies both opposed to and in support of trade action, the U.S. International Trade Commission (ITC) today recommended tariffs on imported solar...more

Limited Exclusion Order Does Not Require Specific Findings as to Components

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a limited exclusion order issued by the International Trade Commission (ITC) against infringing “network devices, related software and components thereof,” finding no...more

ITC Defers to FDA, Declining to Institute Section 337 Investigation

by Ropes & Gray LLP on

In what represents a departure from typical U.S. International Trade Commission (ITC) practice, the ITC on October 27, 2017 declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma, Inc....more

ITC Remedy Remains Even After PTO Finds Design Patent Claims To Be A “Croc”

by Orrick - IP Landscape on

Commission Order, Certain Foam Footwear, Inv. No. 337-TA-567 (Oct. 20, 2017). In Certain Foam Footwear, the Commission denied Respondent Double Diamond’s request to modify, suspend, or rescind its general exclusion order and...more

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