A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion.
In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the...more
2/11/2025
/ Domestic Industry Requirement ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investment ,
IP Litigation ,
Life Sciences ,
Manufacturers ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337
The Commission recently reversed the ALJ’s determination that the economic prong of the domestic industry requirement was satisfied and thereby found that there had been no section 337 violation in Certain Replacement...more
4/18/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Domestic Corporations ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Litigation ,
Patents ,
Pilot Programs ,
Reversal ,
Section 337 ,
Utility Patents
The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a showing that a respondent had a “commercially...more
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337