Adam Hess

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COVID-19’s Impact on Section 337 Investigations at the U.S. International Trade Commission (Part I)

Like many other Federal Agencies and U.S. District Courts, the U.S. International Trade Commission (“ITC”) is open for business during the COVID-19 crisis, but on a limited basis. Modifications to the ITC’s business began on March 17, 2020. On May 14, 2020, the ITC’s COVID-19 Action Plan was extended through July 10, 2020. Although limited … Continue Reading

Articles that Infringe Only after Importation can be Excluded by the ITC

The Federal Circuit recently affirmed the International Trade Commission’s (“ITC” or “Commission”) Opinion in Certain Digital Video Receivers and Hardware and Software Components Thereof,[1] holding that the ITC’s authority to exclude products from the United States is not limited to “articles that infringe” at the time of importation, but can include articles that infringe after … Continue Reading

Foreign-based Companies Can Meet the Section 337 Domestic Industry Requirement

The United States International Trade Commission (ITC) can provide a powerful alternative forum for enforcement of Intellectual Property Rights, including U.S. patents.[1] But there are limitations on the actions that can be brought at the ITC. For example, to bring an action for patent infringement at the ITC, a patent owner must demonstrate, inter alia, … Continue Reading
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