News & Analysis as of

Cease and Desist Orders Trade Secrets

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Strategic Enforcement Before the U.S. International Trade Commission – An Evaluation of Recent Enforcement Proceedings

Investigations under 19 U.S.C. § 1337 (Section 337) before the U.S. International Trade Commission can provide relief against unfair acts in the import trade. The most common causes of action include infringement of U.S....more

Fox Rothschild LLP

Denied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunction

Fox Rothschild LLP on

To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable harm. In this recent Order of Significance (denying a preliminary...more

Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

Wiley Rein LLP on

In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Haug Partners LLP

2023 in Review at the International Trade Commission

Haug Partners LLP on

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Amundsen Davis LLC

Holiday Reminder: Protect Your Business in “Restrictive Covenant Season”!

Amundsen Davis LLC on

Early in the New Year we often see employees switching jobs, which can trigger disputes over restrictive covenants in their employment agreements. As 2023 draws to a close, here are some things to keep in mind to protect your...more

ArentFox Schiff

The Five Pitfalls for Employers to Avoid When Exiting Employees

ArentFox Schiff on

In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Seyfarth Shaw LLP

Preparing for Trade Secret and Restrictive Covenant Litigation While the Court Near You is Closed

Seyfarth Shaw LLP on

Imagine this scenario: You are the general counsel of a company in a particularly competitive industry. A key company employee who has access to some of the company’s most sensitive information has been working remotely for...more

Jones Day

Don’t Wait For Service Under the Federal Rules – Go to the ITC

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One of the advantages of bringing a dispute to the ITC is the ease with which service of process can be accomplished against foreign respondents. Unlike in district court, the rules at the ITC merely require that the ITC mail...more

Jones Day

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

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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

King & Spalding

ITC Section 337 Update – March 2017

King & Spalding on

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

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