In a recently issued Commission Opinion, the ITC affirmed ALJ Bullock’s application of the Federal Circuit’s rule that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the...more
In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction...more
1/6/2020
/ Abstract Ideas ,
Administrative Law Judge (ALJ) ,
CLS Bank v Alice Corp ,
Domestic Industry Requirement ,
International Trade Commission (ITC) ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Section 337
A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was...more
In a recent order, ALJ McNamara denied Complainant SnapPower’s motion for summary determination that it satisfies the economic prong of the domestic industry requirement of 19 U.S.C. § 1337(a)(3). In re Certain Powered Cover...more
In a recent decision, the ITC rejected respondent’s argument that complainant did not meet its domestic industry (“DI”) requirements because of declining investments over the years leading up to the Complaint. In re Certain...more
The ITC permits a domestic industry to be based on any claim of an asserted patent even if the claim defines an article that is different from the investigated article of commerce. In a recent order, ALJ Cheney reiterated...more
In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike...more
The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more
11/28/2017
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Domestic Industry Requirement ,
Exclusion Orders ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Section 337 ,
Trade Dress ,
Trade Secrets ,
Trademark Infringement ,
Unfair Competition ,
USPTO
The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more