U.S. International Trade Commission
Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with...more
This month’s ITC Wrap-Up reviews recent developments in the Commission’s scope of authority to review (1) infringement by “alternative” products and (2) infringement of claims other than those a product was accused of...more
The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more
District Court Declines Barnes & Noble’s Request To Apply Kessler Doctrine To ITC Non-Infringement Decision – On May 31, 2015, United States Magistrate Judge Paul Grewal of the U.S. District Court for the Northern...more
Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more
On Thursday, February 5, 2015, the en banc Federal Circuit heard oral argument in the matter of Suprema, Inc. v. ITC, reviewing its controversial panel decision holding that in ITC investigations induced infringement cannot...more
Federal Circuit Limits Exclusionary Remedy For Inducing Infringement - In Suprema v. ITC – On December 13, the Federal Circuit issued a split panel Opinion in Suprema v. ITC, Appeal No. 2012-1170, vacating the exclusionary...more
In Suprema, Inc. and Mentalix, Inc. v. International Trade Commission, 2012-1170 (Fed. Cir. Dec. 13, 2103), the Federal Circuit held that the ITC may not issue an exclusion order “predicated on a theory of induced...more
In Microsoft Corp. v. International Trade Commission, the Federal Circuit upheld the ITC’s determination that Microsoft had failed to establish that there was a “domestic industry” relating to three of four patents asserted...more
IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more