U.S. International Trade Commission
Ten Section 337 Investigations were terminated in the first half of 2024. Of those ten investigations, two involved design patents. Although those investigations ended with the Commission issuing no remedial orders (including...more
In a recent presentation featuring Uma Everett, Director at Sterne Kessler, and Dallin Glenn, General Counsel at BTL Industries, Inc., we discussed strategies for succeeding in an ITC investigation, focusing primarily on the...more
The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable...more
Join us for our upcoming webinar, “Strategies for ITC Success: Insights from the Client Perspective,” on Tuesday, June 4, 2024, from 1:00 PM – 2:00 PM (EDT). Director Uma Everett will be joined by Dallin Glenn, General...more
The Commission recently reversed the ALJ’s determination that the economic prong of the domestic industry requirement was satisfied and thereby found that there had been no section 337 violation in Certain Replacement...more
Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more
Returning to Washington in May, ACI’s 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading...more
Join Directors Daniel E. Yonan, Uma N. Everett, and Paul A. Ainsworth for the "ITC Section 337 Year in Review" webinar on Wednesday, February 28, 2024, at 2:00 p.m. EST. This webinar wraps up our 2023 series, Navigating the...more
Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more
Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more
KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
In this episode, Akin Gump intellectual property partners Cono Carrano and David Vondle discuss IP disputes at the U.S. International Trade Commission. Among the topics covered: - What is Section 337 and what does it mean...more
The ITC recently issued an order denying Respondents’ request to use the Early Disposition Program. Certain Wireless Communication Devices and Related Components Thereof, Inv. 337-TA-1180 (October 10, 2019). The Commission...more
In response to a petition for rehearing by the intervenors, the US Court of Appeals for the Federal Circuit vacated part of an earlier precedential decision noting the lack of preclusive effect of trademark decisions by the...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
While patent decisions from the ITC do not have collateral estoppel effects on later district court cases, other ITC decisions may create collateral estoppel. In a case of first impression, a district court recently ruled...more
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
September closed with ten new complaints of unfair competition under Section 337, including patent and trademark infringement, in the last two weeks of September. Five of those complaints were filed within the two-day span of...more
Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more
Dear Friends, After returning from a two week trip to China to work on the Solar Cells case, this March blog post will cover trade policy, including Trump’s impact on Trade Policy, trade, Customs, False Claims Act, the...more
TRADE POLICY - TPP RUNS INTO HEADWINDS - As predicted in past blog posts, on December 28, 2015, the Wall Street Journal reported that the US Election Debate was complicating the passage of the Trans Pacific...more
District Court Declines Barnes & Noble’s Request To Apply Kessler Doctrine To ITC Non-Infringement Decision – On May 31, 2015, United States Magistrate Judge Paul Grewal of the U.S. District Court for the Northern...more