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Chevron Deference Section 337 Imports

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

BakerHostetler

Federal Circuit Denies Rehearing on Whether Section 337 Includes Digital Imports

BakerHostetler on

The Federal Circuit debate begun in Suprema, Inc. v. International Trade Commission, 796 F.3d 1338 (Fed. Cir. 2015) (en banc), continued with the court’s denial of rehearing en banc in ClearCorrect Operating, LLC v....more

Foley & Lardner LLP

Important Decisions on the Scope of the ITC's Authority

Foley & Lardner LLP on

In the latter half of 2015, the Federal Circuit in Suprema v. ITC and ClearCorrect v. ITC issued two decisions addressing the scope of the International Trade Commission’s (“ITC”) authority to exclude infringing articles. In...more

King & Spalding

ITC Section 337 Update – February 2016

King & Spalding on

Commission and Align Technology Petition for Rehearing En Banc in ClearCorrect - On January 27, 2016, the U.S. International Trade Commission (“Commission”) and Align Technology, Inc. petitioned for rehearing en banc in...more

Knobbe Martens

ITC Powerless to Block Importation of Infringing Digital Files

Knobbe Martens on

The Federal Circuit held that the U.S. International Trade Commission (“ITC”) could not block the import of infringing digital files because the ITC lacked jurisdiction. According to the Federal Circuit, the term “articles”...more

McDermott Will & Emery

On Remand, Panel Affirms ITC Finding of Section 337 Violation - Suprema, Inc. v. International Trade Commission

McDermott Will & Emery on

In a non-precedential remand decision, the original panel in the case of Suprema v. International Trade Commission affirmed the International Trade Commission’s finding that appellant Suprema violated § 337 by inducing...more

Mintz

Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

Mintz on

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

McDermott Will & Emery

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement

McDermott Will & Emery on

Suprema, Inc. and Mentalix Inc. v. Int’l Trade Comm’n, Case No. 12-1170 (Fed. Cir. Aug. 10, 2015) (Reyna, J.) (O’Malley, Proust, Lourie, and Dyk JJ., dissenting). By way of background, appellee Suprema manufactures...more

King & Spalding

ITC Section 337 Update – August 2015

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En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

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

Federal Circuit overturns panel decision and upholds Commission in Suprema, Inc. v. International Trade Commission rehearing en...

En banc Court reverses panel decision 6-4 and upholds U.S. International Trade Commission determination that it has broad authority to address acts of induced infringement based upon post-importation conduct. Procedural...more

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