For decades, the ITC’s jurisdictional requirement – known as the domestic industry requirement – effectively shut out innovators from availing themselves of the powerful remedies of the forum, in the form of an exclusion...more
3/7/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Appellate Courts ,
Design Patent ,
En Banc Review ,
Enforcement Actions ,
Intellectual Property Litigation ,
International Trade Commission (ITC) ,
Patent Litigation ,
Patents ,
Section 337
In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed. See Loper Bright...more
Late last month, the Supreme Court issued two opinions which seemingly shook up the field of administrative law. As explained in this article, however, while both decisions bear significantly on certain administrative...more
7/18/2024
/ Appeals ,
Cease and Desist Orders ,
Chevron Deference ,
En Banc Review ,
International Trade Commission (ITC) ,
Investment Advisers Act of 1940 ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
SEC v Jarkesy ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934
In a recent IAM article, Levelling the playing field in ITC patent cases by identifying redesigns to a set deadline, we commented on best practices for ITC complainants to protect their interests against the nascent uptick of...more
Some respondents at the ITC have taken advantage of using infringement contentions as a procedural tool to deny patent owners from getting their day in court. In some investigations, respondents have gone so far as to delay...more