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
Although investigations under Section 337 of the Tariff Act of 1930 have focused on intellectual property rights involving patents, unregistered trademarks or trade secret claims, the language of Section 337 is much broader. The provision applies to any “unfair methods of competition and unfair acts in the importation of articles.” That language is similar to … Continue Reading
Trend or coincidence? The International Trade Commission (ITC) has affirmed summary determination rulings of patent invalidity in two, separate investigations: Certain Wireless Headsets, Inv. No. 337-TA-943 and Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof, Inv. No. 337-TA-958. This follows the April 4, 2016 affirmance of ALJ Lord’s Section 101-based … Continue Reading
Can the International Trade Commission (ITC) offer trade relief when the importation of goods is not an act of direct infringement, but rather induces a subsequent act of infringement? In its 2011 determination that Suprema and Mentalix infringed, the ITC did just that. On appeal, in a revised en banc decision, the Federal Circuit has now … Continue Reading
