U.S. International Trade Commission
2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more
Join litigation shareholder Libbie DiMarco as she breaks down the latest developments for mitigating ITC remedial orders with effective litigation strategies ranging from product redesigns (and when to introduce them) to PTAB...more
Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California....more
Back by popular demand! Join U.S. imports/customs controls experts and supply chain professionals at ACI’s Advanced Forum on Import Compliance and Enforcement, taking place November 7–8, 2023, in Washington, D.C....more
Companies invest in securing supply chains from disruption by economic and political factors, financial difficulties of suppliers, and, as we’ve recently seen, global pandemics. For those either importing goods or relying on...more
We are pleased to announce that our team’s fourth-annual international trade law year-in-review report was published just before the New Year. In it, we take a detailed look at how 2022 played out and explore how 2023 might...more
In Husch Blackwell’s January 2022 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law: •Ongoing efforts to inform implementation of the Uyghur Forced Labor Act that...more
COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more
One unique aspect of the International Trade Commission’s authority under Section 337 is the power to issue general exclusion orders (GEO). Under such orders, companies never named as a respondent in an ITC complaint can find...more
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
In Husch Blackwell’s October 2019 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law. The current and future status of the U.S.-Mexico-Canada agreement- Opening Day,...more
In a recent Initial Determination (“ID”), ALJ McNamara indicated that the inclusion of a certification provision in the Limited Exclusion Order (“LEO”) was warranted to allow the respondent to import non-infringing redesigns....more
U.S. International Trade Commission- Section 701/731 Proceedings- Investigations- Quartz Surface Products from the People’s Republic of China: On July 5, 2019, the ITC released the final determinations in the...more
U.S. International Trade Commission- Section 701/731 Proceedings- Investigations- Mattresses from the People’s Republic of China: On June 13, 2019, the ITC released the schedule for the final phase of the Antidumping...more
U.S. International Trade Commission- Section 701/731 Proceedings- Investigations- Steel Trailer Wheels from the People’s Republic of China: On May 2, 2019, the ITC released the schedule of the final phase of...more
At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more
U.S. International Trade Commission- Section 701/731 Proceedings- Investigations- Certain Pasta from Italy and Turkey: On April 10, 2019, the ITC announced its determination that the revocation on certain pasta from...more
PRESIDENTIAL ACTIONS USTR Proposes Products for Tariff Counter measures in Response to Harm Caused by EU Aircraft Subsidies On April 8, 2019, the World Trade Organization (WTO) found that the European Union subsidies...more
U.S. Department of Commerce Decisions- On March 29, 2019, the Office of the U.S. Trade Representative (USTR) released the 2019 National Trade Estimate (NTE). The NTE is an annual report on the status of foreign trade and...more
The ITC recently issued a Seizure and Forfeiture Order in response to an attempted importation of “ink cartridges and components thereof” subject to a General Exclusion Order (“GEO”) issued May 26, 2016. Certain Ink...more
Presidential Actions- U.S. Beef Gains New Market Access in Morocco- On December 6, 2018, U.S. Trade Representative Robert Lighthizer and U.S. Secretary of Agriculture Sonny Perdue announced that the government of...more
Section 337 investigations are in rem proceedings to determine whether imported articles infringe a valid intellectual property right. Personal jurisdiction over the manufacturer or importer of those articles is not required...more
In a recent Opinion, the Commission continued the practice of including its usual certification provision in the Limited Exclusion Order despite the complainant’s request for a more restrictive certification provision. In re...more
In a recent ITC Section 337 patent complaint, 3M asked the U.S. International Trade Commission (ITC) to start an investigation concerning "Certain Shielded Electrical Ribbon Cables and Products Containing the Same" against...more
As shown by the recent announcement by the Trump Administration of a Section 232(b) national security review of steel imports, (a type of investigation that has not been used since 2001), there are a number of ways in which...more