- On April 7, 2020, the ITC overturned a Final ID issued by Chief ALJ Charles E. Bullock. The Final ID found infringement of a SEP by the Respondents’ accused products and recommended the ITC issue the remedy of an exclusion...more
• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”).
• A decision...more
5/7/2019
/ Antitrust Investigations ,
Appellate Jurisdiction ,
Competition ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Determinations ,
Food and Drug Administration (FDA) ,
International Trade Commission (ITC) ,
Jurisdiction ,
Lanham Act ,
Patents ,
Pharmaceutical Industry ,
Section 337 ,
Writ of Mandamus
• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation.
• In its decision, the Federal Circuit reiterated that the act of trademark registration does...more
11/6/2018
/ Appeals ,
Corporate Counsel ,
Final Determinations ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Likelihood of Confusion ,
Remand ,
Secondary Meaning ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
Vacated
Key Points -
- After the first public hearing by the United States International Trade Commission (“ITC”) in almost a decade, the ITC issued a Limited Exclusion Order (LEO) that excludes the Respondent’s accused...more