ITC Section 337

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ITC Denies Motion to Stay Enforcement of Modified Exclusion Order Covering Components Imported For Assembling the Infringing Device

As we recently reported, the ITC, at complainant’s request, instituted a modification proceeding in Certain Marine Sonar Imaging Devices, Inv. No. 337-TA-921 (Modification Proceeding) and determined to modify its exclusion to cover components of the at-issue marine sonar imaging devices that are intended to be included in a fully-assembled (also referred to as fully “kitted”) … Continue Reading

ITC Grants Exclusion Order Modification to Include Components Imported for Assembling the Infringing Device

In an opinion made public just prior to the Labor Day weekend, the ITC has granted the complainant’s request to modify its order excluding marine sonar imaging devices to cover components that are intended to be included in a fully-assembled (also referred to as fully “kitted”) infringing product after importation. Certain Marine Sonar Imaging Devices, … Continue Reading

ITC ALJ Shaw Finds Claims Patent-Ineligible After Fast-Track Hearing On Section 101 Issues

In the first-ever hearing on a patent issue under the ITC’s Pilot Program for early case disposition, ALJ Shaw has found that the asserted claims of the sole patent-in-suit fail to recite patent-eligible subject matter under 35 U.S.C. § 101. As we reported in a previous blog post, the ITC, pursuant to the Pilot Program, had … Continue Reading

ITC Vacates Suspension Of Carbon And Alloy Steel Products Investigation

As we reported in a previous blog, in an unusual development, USITC ALJ Lord determined to suspend the investigation of the Chinese steel industry in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, on the grounds that its antitrust and false designation of origin claims “come[] at least ‘in part’ within the purview of the antidumping … Continue Reading

ITC Opinion Explaining Reasons It Deferred to PTAB Unpatentability Ruling Provides Grist for Future Challenges

In Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939, the ITC for the first time suspended enforcement of a remedial order in view of a Patent Trial and Appeal Board Final Written Decision of unpatentability after inter partes review even though the ITC itself had found the patent valid and infringed. The ITC’s … Continue Reading

ITC’S Bow To PTAB’S Invalidity Ruling Adds New Dimension To Section 337 Investigations

In a recent decision in Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939 (2016), the ITC has for the first time suspended enforcement of remedial orders in view of a Patent Trial and Appeal Board Final Written Decision of patent invalidity after inter partes review. Not surprisingly, the suspension is only effective as … Continue Reading

ITC Declines To Reach Question Of Whether Laches Is An Available Defense In Section 337 Investigations

In a previous blog post, we reported that the ITC had requested briefing in Certain Network Devices, Related Software, and Components Thereof, Inv. No. 337-TA-944 on whether a laches defense is available in Section 337 investigations in view of the Federal Circuit’s recent decision in SCA Hygiene Prods. v. First Quality Baby Prods., 807 F.3d … Continue Reading

ALJ Lord Suspends Section 337 Investigation of Carbon and Alloy Steel Products Because of Overlap with Anti-Dumping and Countervailing Duty Laws

ALJ Lord has determined, sua sponte, to suspend the USITC’s Section 337 investigations in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, on the grounds that the investigation “comes at least ‘in part’ within the purview of the antidumping and countervailing laws . . . [and] therefore requires that the Commission notify the Secretary … Continue Reading
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