News & Analysis as of

Patents › Section 337 › International Trade

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Emphasizes that Dollar Amount Spent is Not Determinative of § 337’s Domestic Industry Requirement...

Vorys, Sater, Seymour and Pease LLP on

In this edition of The Precedent, we outline the decision in Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n. The United States Court of Appeals for the Federal Circuit recently emphasized that Section 337’s...more

Troutman Pepper Locke

New Federal Circuit Ruling Opens the ITC to Many More IP Owners

Troutman Pepper Locke on

In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an...more

Vinson & Elkins LLP

Section 337 Gets a Makeover: Federal Circuit Expands Economic Domestic Industry Criteria

Vinson & Elkins LLP on

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission, expanding what expenditures count to prove the economic prong of...more

Ropes & Gray LLP

Federal Circuit Expands the Scope of Investments That Can Satisfy the ITC’s Domestic Industry Requirement—Will More Section 337...

Ropes & Gray LLP on

On March 5, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential opinion that will change the way the U.S. International Trade Commission addresses the threshold “domestic industry...more

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

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

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

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

Fish & Richardson

ITC Monthly Wrap-Up: September 2023

Fish & Richardson on

This month’s ITC Wrap-Up reviews recent developments in the Commission’s scope of authority to review (1) infringement by “alternative” products and (2) infringement of claims other than those a product was accused of...more

Fish & Richardson

ITC Monthly Wrap-Up: August 2023

Fish & Richardson on

In August 2023, one complainant filed a new complaint for a violation of Section 337 in the International Trade Commission. Specifically, on August 22, NJOY, LLC, filed a complaint against JUUL Labs, Inc., in Vaporizer...more

Fish & Richardson

ITC Monthly Wrap-Up: January 2023

Fish & Richardson on

The U.S. International Trade Commission’s Foray Into District Court Litigation - In addition to its typical operations this January, the U.S. International Trade Commission also found itself in the unusual position of...more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide