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Defaulting Respondent Left Holding the Bag

A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was...more

ITC Issues GEO to Protect Domestic Manufacturer From Anonymous Online Sales

In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a general exclusion order (“GEO”). Certain Self-Anchoring Beverage Containers, Inv. 337-TA-1092, Comm’n Op....more

ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

In a recent opinion, the ITC found that four defaulting respondents violated section 337 and that a general exclusion order (GEO) was the appropriate remedy for unlicensed products. Certain LED Lighting Devices and Components...more

ITC Denies Motion to Stay After Weighing Semiconductor Chips Factors

In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion. See In re Certain Memory Modules And Components Thereof, Inv....more

Declining Domestic Investments May Still Qualify as Significant

In a recent decision, the ITC rejected respondent’s argument that complainant did not meet its domestic industry (“DI”) requirements because of declining investments over the years leading up to the Complaint. In re Certain...more

ITC Lets Investigation Proceed Based on Patents Likely to Expire Before Commission Review

In re Certain Color Intraoral Scanners & Related Software, Inv. No. 337-TA-1091, Order 34 (ITC Sept. 6, 2018) presents an interesting factual scenario. The schedule adopted by the ALJ had the Commission issuing a final...more

Articles Protected by Domestic Industry Can be Based on Any Claim of Asserted Patent

The ITC permits a domestic industry to be based on any claim of an asserted patent even if the claim defines an article that is different from the investigated article of commerce. In a recent order, ALJ Cheney reiterated...more

Don’t Forget to Bring Your Redesigned Products to the ITC

The ITC recently modified a previously issued remedial order such that certain of the Respondents’ redesigned products were not covered by the limited exclusion order (LEO) or the cease and desist order (CDO). Certain Network...more

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission (“ITC”) might be able to enter the fray too. On April 18, 2018, the ITC issued a notice...more

Owning the Patent Isn’t Always Enough for Standing

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

Inducement After Importation Actionable Under Section 337

Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

When Is It Too Late to Amend an Answer to an ITC Complaint?

We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more

When Is It Too Late to Amend an ITC Complaint?

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

ITC Remains Unpersuaded by Final PTAB Rulings

This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders. In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC...more

ITC Denies Request to Modify Protective Order

In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings....more

Instructional Materials Not Always Sufficient to Show Induced Infringement

In a recent Initial Determination, Administrative Law Judge Shaw concluded that the Complainant’s reliance on marketing and instructional materials was not sufficient to prove inducement of infringement of a claimed method....more

Double Dipping Allowed in Domestic Industry Allocation

The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more

Default Determination Highlights The Importance Of Alleging Every Element

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

New Intellectual Property Considerations and Risks for Autonomous Vehicles

In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more

ALJ Finds ITC Remedial Orders Unenforceable

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

Renting is Not a Sale After Importation

On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no...more

ITC Flourishes in 2016 As District Courts and PTAB Wither

As we have previously reported here, 2016 was a banner year for Section 337 proceedings at the ITC. Sixty new Section 337 related complaints were filed at the ITC—a 50% increase over the previous year. 2016’s tally exceeds...more

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