Tag Archives: Section 337

U.S. International Trade Commission To Review ALJ’s Dismissal Of Antitrust-Based Claims In Carbon And Alloy Steel Products

The USITC’s investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and (atypically for a 337 proceeding) antitrust violations.  While the first two claims are proceeding to trial, the … Continue Reading

ALJ Reverses Prior Domestic Industry Finding In Light of Lelo Inc. v ITC

In a significant development in ITC domestic industry law, ALJ Pender has reversed his prior ruling in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (337-TA-890) that Complainants had established a U.S. industry in their products—a prerequisite for investigations under Section 337.  The reversal is based on the intervening Federal Circuit authority in Lelo Inc. … Continue Reading

ITC Designates Newly-Instituted Section 337 Investigation For Fast-Track Hearing On Section 101 Issues

The United States International Trade Commission (“ITC”) is an independent, quasi-judicial Federal agency with investigative responsibilities on matters of trade.  Among other things, the ITC adjudicates complaints filed by private parties involving imports that allegedly infringe intellectual property rights under the authority of Section 337 of the Tariff Act.  If imports are deemed to violate Section … Continue Reading