AGG Talks: Cross-Border Business Podcast - Episode 20: Mastering ITC Section 337 Investigations
U.S. International Trade Commission
Patent disputes are often framed around familiar questions: Did the defendant infringe? Is the patent valid? What remedies are available? Today, products are often manufactured abroad and enter the United States through...more
The Federal Circuit’s only precedential opinion last week was not quite a “patent case,” but instead concerned when a stay of district court proceedings is available to a respondent in a Section 337 proceeding before the U.S....more
On March 19, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. International Trade Commission’s determination that Apple violated Section 337 of the Tariff Act by importing Apple Watch models that...more
Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more
In our Case of the Week, the Federal Circuit upheld a major ruling from the International Trade Commission against Apple Inc. in its patent dispute with Masimo Corporation, confirming that certain Apple Watch models infringed...more
On February 27, 2026, Genentech filed a complaint under Section 337 of the Tariff Act of 1930 with the U.S. International Trade Commission (ITC) against Biocon concerning its proposed Perjeta® (pertuzumab) biosimilar, BMAB...more
A recent final determination in Investigation No. 337-TA-1400 issued by the US International Trade Commission (ITC) may have some clients saying, “I don’t always seek ITC enforcement. But when I do, I prefer to include a...more
On February 27, 2026, Genentech filed a complaint at the U.S. International Trade Commission (ITC) alleging that Biocon’s importation of its pertuzumab biosimilar, BMAB 1500/PERT-IJS (“BMAB 1500”), violates 19 U.S.C. § 1337...more
On February 27, 2026, Genentech filed a Section 337 complaint at the U.S. International Trade Commission (ITC) targeting Biocon’s proposed pertuzumab biosimilar, BMAB 1500/PERT-IJS, which references Genentech’s PERJETA®....more
Sterne Kessler’s IP Year in Review Reports provide a comprehensive analysis of key developments, trends, and cases that shaped the intellectual property landscape over the past year....more
With the continued technological sophistication of mobile equipment also comes heightened risks for manufacturers. Learn how OEMs turn to the U.S. International Trade Commission (ITC) as a frontline venue for intellectual...more
Knobbe Martens’ 2025 Federal Circuit Year in Review report, covering over 50 of the most noteworthy patent-related Federal Circuit decisions issued last year, is now available! The report provides in-depth analysis from...more
Section 337 investigations at the U.S. International Trade Commission (ITC) remain an efficient and powerful tool for American businesses seeking relief from foreign acts of unfair competition, including infringement of...more
The US Court of Appeals for the Federal Circuit affirmed in part and dismissed in part an appeal of an International Trade Commission decision....more
The U.S. Court of Appeals for the Federal Circuit had another busy docket in 2025. Here, we cover five key decisions that will shape the practice of intellectual property law going forward. ...more
The past year at the International Trade Commission (ITC) was anything but ordinary. Here, we highlight five key developments — from substantial rule changes to a landmark Federal Circuit ruling — that will shape ITC practice...more
Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing - US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE Before Lourie, Reyna, and Stark. Appeal from the United States...more
In the third quarter of 2025, the International Trade Commission issued public orders addressing various contested issues, including bonds and the scope of exclusion orders, as well as touched on the importance of litigants...more
In a pair of recently issued companion decisions, the Federal Circuit awarded Causam Enterprises, Inc. a victory on patent ownership (Causam v. ITC (ITC appeal)) only to pull the rug out from under the company by declaring...more
On October 1, 2025, the federal government entered a shutdown, and the impact on the IP space is uncertain. While the USPTO and Federal Circuit remain operational for now, proceedings before the ITC are paused, affecting...more
On October 1, 2025, the U.S. federal government entered a partial shutdown after Congress failed to pass a continuing resolution to fund government operations before the September 30 deadline. This political impasse disrupts...more
With no agreement between Congressional Republicans and Democrats on a funding bill for fiscal year 2026, the U.S. federal government shut down at 12:01 a.m. Eastern on October 1, 2025....more
Patent families claim inventions that are similar since the entire family claims the innovative features of a single or limited number of inventions. They do so by relying on the disclosure of a single patent specification...more
Investigations under 19 U.S.C. § 1337 (Section 337) before the U.S. International Trade Commission can provide relief against unfair acts in the import trade. The most common causes of action include infringement of U.S....more