Archives: US ITC

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USITC Denies Request For Entry Into Early Disposition Pilot Program

Under a pilot program initiated in 2013, the U.S. International Trade Commission (ITC) may designate an investigation for early disposition if the ITC believes that there is a potentially case-dispositive issue warranting the program’s speedy (100-day) treatment.  Since the program’s inception, however, the ITC has designated only a handful of cases for early disposition.  Although … Continue Reading

USITC Maintains General Exclusion Order Against Foam Footwear Despite PTO’s Finding of Unpatentability On Reexamination

For the second time in the past few months, the U.S. International Trade Commission (ITC) has decided to maintain an exclusion order despite final unpatentability findings by the U.S. Patent and Trademark Office (PTO). The investigation is Certain Foam Footwear, Inv. No. 337-TA-567, which resulted in a general exclusion order in July 2011 based on … Continue Reading

ITC Refuses To Allow Limited Usage Of Protected Material In European Patent Proceedings; Calls For Granular Examination Of Public Interest Issues

The U.S. International Trade Commission (USITC) has decided to review in part an Administrative Law Judge (ALJ)’s finding of violation of Section 337 based on patent infringement in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same, Inv. No. 337-TA-1010 (Sept. 29, 2017).  While review of patent issues is not unusual, the Notice of … Continue Reading

District Court Non-Infringement Ruling Does Not Warrant Rescinding USITC Exclusion Order

In yet another decision concerning how rulings in parallel, patent challenge proceedings impact Section 337 investigations, the U.S. International Trade Commission (ITC) has refused to rescind an exclusion order issued against a defaulted party despite a district court’s summary judgment ruling that it did not infringe the patent. The investigation is Certain Beverage Brewing Capsules, … Continue Reading

USITC Remands ALJ’s Enforcement Decision to Address Infringement Issues

In an August 4, 2017 Notice, the US International Trade Commission announced that it has determined to review an administrative law judge (ALJ)’s initial determination in the enforcement proceeding in Certain Network Devices, Related Software, and Components Thereof, Inv. No. 337-TA-944 (Enforcement Proceeding).  The Commission’s notice could lead to additional rulings by the presiding ALJ (Shaw) … Continue Reading

USITC Will Not Bar Hoverboards

In a much-anticipated ruling, the U.S. International Trade Commission (ITC) has declined to issue an exclusion order barring hoverboards from the U.S. market, finding that the popular consumer items did not infringe the claims of the patent asserted against them. The investigation, captioned Certain Motorized Self-Balancing Vehicles, Inv. No. 337-TA-1000, was instituted in May 2016 … Continue Reading

One Win, One Loss for the ITC on Invalidity Holdings at the Federal Circuit

The Federal Circuit has recently ruled on two appeals of Section 337 investigations involving findings of patent invalidity. As we reported in a prior blog, in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing Same, Inv. No. 337-TA-929, the products under investigation were reusable beverage brewing capsules designed to replace the prior art cup-shaped … Continue Reading

Uncharted Waters: ITC Administrative Law Judge Recommends $37 Million Penalty For Prohibited Fish-Finder Sales

In an enforcement proceeding stemming from the ITC’s December 2015 decision in Certain Marine Sonar Imaging Devices, Inv. No. 337-TA-921, ALJ David Shaw has found that the ITC’s cease and desist order was violated by continued infringing sales of imported products and has recommended that respondent Garmin be assessed a civil penalty of $37 million. … Continue Reading

ALJ Finds No Violation In Beverage Capsules Enforcement Proceeding And Recommends Temporary Rescission of Remedial Orders Based On U.S. District Court Judgment of Non-Infringement

On June 1, 2016, the complainant in Certain Beverage Capsules (Inv. 337-TA-929) filed a complaint with the ITC seeking enforcement of ITC remedial orders issued against a respondent (Eko Brands) that had been defaulted for failing to participate in the original investigation. The presiding administrative law judge (ALJ) has now issued his ruling finding no … Continue Reading

U.S. International Trade Commission Postpones Oral Argument 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 trade secret misappropriation claims were withdrawn, the … Continue Reading

U.S. International Trade Commission Simultaneously Announces Reversal of ALJ’s Dismissal of False Designation of Origin Claims and Schedules Oral Argument On 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 antitrust violations.  In November of last year, the presiding administrative law judge (as we previously reported) … Continue Reading

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

BASF Wins Big in Battery Battle

Electric vehicles (EV) will soon get a boost in power and energy due to a relatively new cathode material known colloquially as NMC for its nickel-manganese-cobalt oxide chemistry. Battery experts predict NMC will, in the immediate future, replace the currently commercially used cobalt oxides and nickel-cobalt-aluminum oxides in EV and many other electronic applications. While … Continue Reading

ALJ Lord Dismisses Antitrust-Based Claims In Carbon And Alloy Steel Products Investigation

In May, the ITC instituted its investigation of Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, based on alleged violations of Section 337 by the Chinese steel industry, including antitrust, false designation of origin, and trade secret claims.  On November 14, however, the presiding administrative law judge (ALJ Lord) granted respondents’ motion to dismiss … Continue Reading

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 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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