The U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that infringe U.S. intellectual property rights. The default remedy is a limited...more
When weighing whether to issue its injunctive-type remedies—exclusion and cease-and-desist orders—the United States International Trade Commission (“Commission”) is not required to apply the eBay four-factor test used by...more
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
Litigants in Section 337 investigations at the International Trade Commission (“ITC”) can seek discovery from foreign third parties by means of either (1) Hague letters of request, or (2) letters rogatory. These highly...more
In 3D Cinema Systems (Inv. 939), the Commission issued an opinion that explained why it did not give deference to a decision of invalidity by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR)....more
The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016,...more
In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of...more
The Commission will review Judge Dee Lord’s initial determination (“ID”) dismissing U.S. Steel’s antitrust claims on the pleadings. As we previously posted (here), Judge Lord ruled that U.S. Steel was required to plead...more