News & Analysis as of

International Trade Commission

100-Day Pilot Program Proceedings Remain Rare

by Jones Day on

In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

U.S. Trade Representative Requests Further Information on Remedy Recommendations for Imported Crystalline Silicon Photovoltaic...

by Bryan Cave on

On November 13, 2017, the U.S. International Trade Commission (ITC) sent President Trump its formal report on its “Global Safeguard” investigation into imports of Crystalline Silicon Photovoltaic (CSPV) cells (whether or not...more

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

by Shook, Hardy & Bacon L.L.P. on

Sen. Hatch Introduces New Bill Regulating Cosmetic Safety - Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more

House and Senate Tax Bills Target Renewable Energy Projects

by Holland & Knight LLP on

The U.S. Senate passed its version of a bill to overhaul the U.S. tax code on Dec. 2, 2017, and is now working with the House of Representatives to reconcile its bill with the House's version, passed in November. The goal of...more

What's New In Washington - December 2017

December is often the busiest time in Washington, and this year is no different as Congress races toward the holiday finish line. There is still a multitude of problems to solve before members can head back to their...more

Commission to Weigh in on IPR Estoppel

by Jones Day on

The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and...more

ITC Continues Duties on Imports of Softwood Lumber From Canada

by Perkins Coie on

Significant antidumping and countervailing duties (AD/CVDs) on imports of softwood lumber from Canada will continue following the U.S. International Trade Commission (ITC) final affirmative injury determination made...more

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

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