In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial...more
11/11/2019
/ Administrative Law Judge (ALJ) ,
Domestic Industry Requirement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Multinationals ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Threshold Requirements
Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that...more
In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) provided useful guidance for patentees by reaffirming that there is no categorical rule that patent...more
In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) held that domestic industry products do not need to be commercially available to satisfy section...more
On April 26, 2019, Administrative Law Judge (“ALJ”) Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission’s (“ITC”) jurisdictional authority extends to...more
In her April 16, 2019 Public Interest Findings, Administrative Law Judge (“ALJ”) McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the International Trade...more
5/22/2019
/ Administrative Law Judge (ALJ) ,
Apple ,
Competition ,
Exclusion Orders ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Monopolization ,
Patent Infringement ,
Qualcomm ,
Section 337 ,
Settlement Agreements
As anticipated, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”)...more
12/17/2018
/ Administrative Law Judge (ALJ) ,
Apple ,
Competition ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
Imports ,
Infringement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Manufacturers ,
Monopolization ,
Patent Infringement ,
Qualcomm ,
Semiconductors
A recent decision by the International Trade Commission (“ITC” or the “Commission”) held that pre-commercial or non-commercial items qualify as “articles” for purposes of section 337 investigations. The decision opens up the...more
A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves a patent owner’s ability to demonstrate that it possesses a statutorily required “domestic industry” and can therefore obtain relief...more
A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves intellectual property holders’ ability to prove that they have a “domestic industry” and obtain relief for infringement from the...more
7/17/2018
/ Administrative Law Judge (ALJ) ,
Capital Expenditures ,
Capital Investments ,
Domestic Industry Requirement ,
International Trade Commission (ITC) ,
Manufacturers ,
Manufacturing Equipment ,
Patent Infringement ,
Patents ,
Research and Development ,
Section 337
On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both...more
5/11/2018
/ Administrative Law Judge (ALJ) ,
Amended Rules ,
Discovery Disputes ,
Expert Testimony ,
Federal Pilot Programs ,
Federal Rules of Civil Procedure ,
International Trade Commission (ITC) ,
New Rules ,
Patents ,
Rules of Practice ,
Section 337
The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more
10/7/2017
/ Administrative Law Judge (ALJ) ,
Breach of Contract ,
Burden of Proof ,
Forum Selection ,
FRAND ,
Injunctive Relief ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patents ,
Sony ,
Standard Essential Patents ,
Standard Setting Organizations ,
Waivers
The decision in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (“1012 Investigation”), is still confidential, but the ITC...more
On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more
6/26/2017
/ Administrative Law Judge (ALJ) ,
Business Expenses ,
Cost Allocation ,
Domestic Corporations ,
Exclusion Orders ,
Imports ,
International Trade Commission (ITC) ,
Medical Devices ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Public Interest ,
Reversal ,
Section 337