News & Analysis as of

Exclusion Orders

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Trends at the ITC – Mid-Year Update

Ten Section 337 Investigations were terminated in the first half of 2024. Of those ten investigations, two involved design patents. Although those investigations ended with the Commission issuing no remedial orders (including...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Looking Beyond Inventory Numbers to Secure a Cease and Desist Order

The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a showing that a respondent had a “commercially...more

Axinn, Veltrop & Harkrider LLP

Trade Secrets, ET, and the ITC

The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to have infringed or misappropriated complainants' IP rights. Moreover, the ITC’s in rem...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Strategic Use of the ITC as a Complainant - September 13th, 1:00 pm - 2:00 pm EDT

Directors Daniel E. Yonan, Uma N. Everett, and Josephine Kim will present the webinar "Strategic Use of the ITC as a Complainant" on Wednesday, September 13, 2023, at 1:00 PM (EDT). During the webinar, our presenters will...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: ITC: Design Patents Continue to Outperform on Obtaining Remedies at the...

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Foley & Lardner LLP

Navigating The Range Of Remedial Orders At The ITC

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At the end of an investigation under Title 19 of the U.S. Code, Section 1337, the U.S. International Trade Commission will issue a final determination that determines: (1) whether a violation of Section 337 has occurred, and...more

McDermott Will & Emery

Threat of ITC Exclusion Order Is Too Speculative to Constitute Irreparable Harm

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The US Court of Appeals for the Federal Circuit affirmed a decision by a federal district court denying a defendant’s motion for a preliminary injunction seeking to enjoin a parallel International Trade Commission (ITC)...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t

Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States, No. 21-1750 (219 days)... ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Koninklijke Philips N.V. v. Thales DIS AIS Deutschland USA LLC (Fed. Cir. 2022)

The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA's motion for preliminary injunction to prevent patentee plaintiff Koninklijke Philips N.V. from obtaining an...more

Haug Partners LLP

Timing is Everything: Subsequent Invalidity Ruling Does Not Excuse Violation of an ITC Exclusion Order

Haug Partners LLP on

In DBN Holding, Inc. v. ITC, the Court of Appeals for the Federal Circuit (“CAFC”) upheld a $6.2M civil penalty levied against DBN, an ITC respondent, for violating a remedial consent order, even though the patent upon which...more

Morrison & Foerster LLP

Downstream Remedy at the ITC: The Continuing Applicability of the EPROMs Analysis

Under Section 337 of the Tariff Act of 1930, as amended (“Section 337”), the U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends: US International Trade Commission: Design Patents Outperform on Obtaining...

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - November 2021: Watching the Pot™

ITC to Determine if Importing of Oil-Vape Cartridges to Go Up in Smoke - The ITC recently initiated an investigation into whether 38 manufacturers' imports of oil-vape cartridges used to smoke cannabis and THC infringe a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - November 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. In this...more

McDonnell Boehnen Hulbert & Berghoff LLP

Jennewein Biotechnologie GmbH v. International Trade Commission (Fed. Cir. 2021)

The International Trade Commission can more readily provide injunctive relief against an adjudged infringer than a district court, under appropriate conditions (i.e., with regard to an infringing product or a product made by...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bio-Rad Laboratories, Inc. v. International Trade Comm. (Fed. Cir. 2021)

Last week, the Federal Circuit affirmed imposition of an exclusion order under 19 U.S.C. § 1337 (Section 337 of the Tariff Act of 1930) by the Federal Trade Commission against 10X Genomyx (an intervenor in this appeal) over...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bio-Rad Laboratories, Inc. v. Int'l. Trade Comm. (Fed. Cir. 2021)

Last month, the Federal Circuit affirmed an exclusion order imposed by the International Trade Commission against Bio-Rad for importing infringing microfluidic systems and components used for gene sequencing or related...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Troutman Pepper

Federal Circuit Review - Issue 272

Troutman Pepper on

272-1 Federal Circuit Holds a New Invalidity Challenge at the ITC is not a Change in Condition that Enables the ITC to review the Validity of a Patent or Rescind an Exclusion Order - The Federal Circuit (Court) recently...more

McDermott Will & Emery

Unnamed Respondent Has Standing to Seek Rescission of ITC General Exclusion Order

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The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision denying a petition for rescission of a general exclusion order (GEO) prohibiting importation of products accused of...more

Jones Day

ITC Recommends GEO Against Inexpensive Slider Devices Sold Through E-Commerce Websites

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In a recently issued initial determination, the ITC granted summary determination on violation and recommended issuance of a general exclusion order (“GEO”) against respondents after finding that a limited exclusion order...more

Knobbe Martens

Post-Investigation Invalidity Challenge Is Not a Changed Condition Permitting Rescission of an ITC Exclusion Order

Knobbe Martens on

MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION - Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission. Summary: An invalidity challenge, raised after the...more

Morgan Lewis

ITC Rescinds Seizure & Forfeiture Order after CIT Determines Redesign Does Not Infringe

Morgan Lewis on

A recent decision by the International Trade Commission (ITC) to temporarily rescind a seizure and forfeiture order after the Court of International Trade (CIT) granted summary judgment of non-infringement for certain...more

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