News & Analysis as of

Section 337

Inventorship, Ownership, and Standing Issues May Be Too Complex For 100-Day Pilot Program

by Jones Day on

In a recent order, the Commission again declined to institute an Early Disposition Pilot Program (100-day Pilot Program), this time citing the complexity of the issues raised in the request. In the Matter of Certain...more

On Your Mark, Get Ready, Pause — Ready for a 100-Day ITC Proceeding?

by McGuireWoods LLP on

Often, by the time a company decides to turn to the U.S. International Trade Commission (ITC) for relief from infringing competitors under Section 337, there is a rush to prepare and submit a complaint that complies with the...more

Discontinued Products Count Towards Domestic Industry

by Jones Day on

In a recent Initial Determination (“ID”), Chief Administrative Law Judge Bullock held that the “greater weight of authority” supports the conclusion that investments in discontinued products can form the basis for an existing...more

ITC Reiterates the Importance of Quantitative Evidence to Establish a Domestic Industry

by Knobbe Martens on

International Trade Commission - On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the...more

ALJ Provides Domestic Industry Proof Outline

by Jones Day on

In a recent Order setting the procedural schedule for a 100-Day Pilot Program proceeding, Judge Lord provided a helpful outline for proofs necessary to establish the economic prong of domestic industry. Certain Solid State...more

Intellectual Property Tailwinds Continue To Favor Section 337 Enforcement Actions Before The International Trade Commission

by Dickinson Wright on

Section 337 intellectual property enforcement actions before the International Trade Commission (“ITC”) continue to gain in popularity....more

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

by Jones Day on

In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products...more

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

ALJ Precludes Reliance on New Domestic Industry Products

by Jones Day on

Following up on a previous post, Administrative Law Judge Bullock recently granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A.,...more

ALJ Emphasizes Importance of Procedural Schedule

by Jones Day on

In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively,...more

Inducement After Importation Actionable Under Section 337

by Jones Day on

Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

ALJ Denies Inequitable Conduct “Fishing Expedition”

by Jones Day on

In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc.,...more

ITC Not Treating PTAB Decisions Like Other Agency Rulings

Congress created the quasi-judicial, fast-track inter partes review procedure to allow parties to challenge patent validity in a streamlined fashion. The stated goal was to provide “quick and cost effective alternatives to...more

When Is It Too Late to Amend an Answer to an ITC Complaint?

by Jones Day on

We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more

Hogan Lovells: ITC Section 337 Quarterly Highlights

by Hogan Lovells on

Will the 100 Day single issue program live up to its promise? When the ITC first ordered a Judge to take evidence on a single issue to determine if the issue was case dispositive, the year was 2013. After the order, the...more

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

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

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

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

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

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 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 Remains Unpersuaded by Final PTAB Rulings

by Jones Day on

This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders. In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC...more

Looking Beyond Patents at the International Trade Commission—Is the ITC an Underutilized Forum?

by Ropes & Gray LLP on

The United States International Trade Commission (“ITC”) is an independent, quasi-judicial federal agency responsible for enforcing Section 337 of the Tariff Act, a trade statute designed to protect U.S. industries from...more

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

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