AGG Talks: Cross-Border Business Podcast - Episode 20: Mastering ITC Section 337 Investigations
U.S. International Trade Commission
In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the...more
The US Court of Appeals for the First Circuit vacated a preliminary injunction, explaining that the district court should have immediately issued a statutory stay of the proceeding under 28 U.S.C. § 1659(a) because a...more
A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing...more
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
Lashify, Inc. v. Int’l Trade Comm’n, No. 23-1245, 2025 WL 699368 (Fed. Cir. Mar. 2025) - On March 5, 2025, the Federal Circuit vacated the International Trade Commission (“ITC”)’s decision and exercised its “independent...more
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
Addressing the economic prong of the domestic industry requirement under Section 337(a)(3)(B) of the Tariff Act of 1930, the US Court of Appeals for the Federal Circuit reversed a US International Trade Commission decision,...more
On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Patrick Lavery discuss a groundbreaking Federal Circuit decision in Lashify v. ITC. This pivotal...more
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
Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more
On March 5, 2025, the Federal Circuit rejected the ITC’s longstanding practice of excluding certain types of activities from qualifying as “domestic industry” activities under Section 337(a)(3)(B), finding the ITC’s approach...more
On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int’l Trade Comm’n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025). The three-judge panel, consisting of Chief...more
The U.S. International Trade Commission (ITC) remains a pivotal forum for addressing intellectual property disputes under Section 337, particularly those involving design patents. Although the Commission issued no remedial...more
In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Andrew Beverina, AGG Litigation & Dispute Resolution and Intellectual Property of counsel and former...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
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
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
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