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
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
Last week, Judge Essex issued a notice updating his ground rules in active investigations pending before him...more
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
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
Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the...more
As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337...more
3/2/2017
/ Administrative Law Judge (ALJ) ,
Antitrust Litigation ,
Civil Conspiracy ,
False Designation of Origin ,
International Trade Commission (ITC) ,
Misrepresentation ,
Oral Argument ,
Price-Fixing ,
Section 337 ,
Sunshine Act ,
Trade Secrets ,
US Steel
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