News & Analysis as of

Section 337 Competition

Arnall Golden Gregory LLP

Federal Circuit Expands Types of Investments That Satisfy the ITC’s “Domestic Industry” Requirement

Two recent Federal Circuit decisions open the doors of the United States International Trade Commission (“ITC”) to smaller companies that are threatened by unfair imports....more

McDermott Will & Emery

Small-Market Segment Can Satisfy Domestic Industry Requirement

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic...more

Fish & Richardson

ITC Monthly Wrap-Up: March 2023

Fish & Richardson on

The International Trade Commission issued two final determinations in March in the 1265 and 1278 investigations. The Commission found respondents violated Section 337 in the 1265 investigation, but not in the 1278...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 4: Trade Policy Outlook - June 3rd, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 3: Global Internal Investigations - June 1st, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 2: Compliance: How Will The United States DOJ View Your Compliance Program, And...

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 1: Global Antitrust Developments - May 20th, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

King & Spalding

Senators Urge DOJ to Develop Antitrust Guidance for Licensing of Standard Essential Patents

King & Spalding on

On Monday, October 21, 2019, U.S. Senators Thom Tillis (R-NC) and Christopher A. Coons (D-DE) sent a letter to the U.S. Department of Justice pushing it to provide greater clarity as to its antitrust enforcement policy on...more

Mintz - Intellectual Property Viewpoints

ITC ALJ McNamara in Apple-Qualcomm Investigation: Exclusion Orders Are Incentives to Design- Around

In her April 16, 2019 Public Interest Findings, Administrative Law Judge (“ALJ”) McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the International Trade...more

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Finds Jurisdiction over the ITC’s Decision Not to Institute an Investigation Under Section 337 and Explains...

• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”). • A decision...more

Jones Day

Remedial Orders and the Public Interest Factors

Jones Day on

In a recent opinion, the International Trade Commission (“ITC”) issued a limited exclusion order and cease and desist orders (“CDOs”) directed towards Respondent Toshiba’s infringing products. Certain Non-Volatile Memory...more

Orrick, Herrington & Sutcliffe LLP

Strategic Advice for Defending an Investigation in the U.S. ITC from a Position of Strength

The U.S.-China trade relationship is at an especially unique moment following the countries’ imposition of tariffs on hundreds of billions of dollars of each other’s goods....more

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