Earlier this week, orders were issued in several investigations indicating that Administrative Law Judge (“ALJ”) Thomas B. Pender had retired from the ITC. The orders indicated that because of his retirement, the...more
Administrative Law Judge Lord held the economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments. In re...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
In a recent order, ALJ Lord highlighted that standing requirements at the ITC differ from those in federal courts. At the ITC, only one complainant needs to demonstrate standing. See Certain Road Construction Machines &...more
A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses that typically bind private parties to raise disputes in a...more
The ITC recently announced that, by operation of law, David S. Johanson became Chairman of the Commission on June 17, 2018. The announcement provides an opportunity to review the rules related to the organization of the...more
As we previously reported, after almost 3 years, new rules for ITC patent cases will go into effect in June. The new rules will apply to all ITC investigations instituted after June 7, 2018.
The new rules include several...more
While the ITC rarely issues general exclusion orders (“GEO”), two recent cases illustrate the importance of seeking such relief in appropriate circumstances. 19 U.S.C. § 1337 gives the Commission authority to enjoin the...more
The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined...more
4/20/2018
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Exclusion Orders ,
Final Determinations ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
Patent Assertion Entities ,
Patent Expiration ,
Patent Litigation ,
Patents ,
Petition For Rehearing
In a recent Opinion, the Commission continued the practice of including its usual certification provision in the Limited Exclusion Order despite the complainant’s request for a more restrictive certification provision. In re...more
On April 2, 2018, Jason E. Kearns was sworn in as the newest Commissioner at the International Trade Commission (“ITC”). Commissioner Kearns was originally nominated by President Obama in January 2017, but, when President...more
Chairman Rhonda Schmidtlein announced that Judge Clark S. Cheney has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge (“ALJ”). ALJ Cheney joins ALJs Bullock, Pender, Shaw, Lord, and...more
The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and...more
12/12/2017
/ Administrative Law Judge (ALJ) ,
Estoppel ,
Ford Motor ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Remedial Actions ,
Section 337
In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No....more
ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more
10/18/2017
/ Administrative Law Judge (ALJ) ,
Copyright ,
Domestic Industry Requirement ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
Investment ,
Mobile Devices ,
Patent Infringement ,
Patents ,
Section 337 ,
Trademarks
In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6,...more
As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more
Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more
5/23/2017
/ Direct Infringement ,
Electronic Devices ,
Imports ,
Indirect Infringement ,
Intellectual Property Litigation ,
International Trade Commission (ITC) ,
Method Claims ,
Motion for Reconsideration ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Settlement
Judge McNamara determined to reopen the record after the hearing and take judicial notice of two PTAB decisions denying institution of IPR challenges of the asserted patents in Certain Composite Aerogel Insulation Materials...more
As a follow up to our previous post, Judge McNamara has issued the public version of her Initial Determination pursuant to the 100-day Pilot Program proceeding on domestic industry in Certain Silicon-On-Insulator Wafers, Inv....more