A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more
7/7/2017
/ Administrative Law Judge (ALJ) ,
Copyright ,
Copyright Infringement ,
Damages ,
Default ,
Federal Pleading Requirements ,
International Trade Commission (ITC) ,
Lanham Act ,
Misappropriation ,
Patent Infringement ,
Patents ,
Remedies ,
Section 337 ,
Trade Dress ,
Trademark Infringement ,
Trademarks
We previously wrote about the ITC Commissioners’ split on the standard for the issuance of cease and desist orders. In recent opinions, Commissioners Schmidtlein and Kieff have written separately to express their view that...more
We previously wrote about the uphill battle Respondent Eko Brands faced in an enforcement proceeding after it defaulted in the underlying investigation. The ALJ found during the proceedings that res judicata barred its...more
5/1/2017
/ Administrative Law Judge (ALJ) ,
Affirmative Defenses ,
Declaratory Judgments ,
Default ,
International Trade Commission (ITC) ,
Lack of Authority ,
Noninfringement ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
Remedial Actions ,
Res Judicata ,
Rescission ,
Section 337