News & Analysis as of

Competition International Trade Commission (ITC) Patent Infringement

Mintz - Intellectual Property Viewpoints

Ahoy! ITC Welcomes SEP Holders Navigating for The Best Venue

Given the recent unanimous decision by a UK appellate court that Ericsson’s injunction efforts based on standard-essential patents (“SEPs”) were, essentially by their very nature, “hold-up” and “coercion” that violated...more

Arnall Golden Gregory LLP

Federal Circuit Expands Types of Investments That Satisfy the ITC’s “Domestic Industry” Requirement

Two recent Federal Circuit decisions open the doors of the United States International Trade Commission (“ITC”) to smaller companies that are threatened by unfair imports....more

McDermott Will & Emery

Small-Market Segment Can Satisfy Domestic Industry Requirement

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic...more

Woods Rogers

Attention, Small Business Owners: The ITC Could Help You Enforce Your IP

Woods Rogers on

The Federal Circuit's recent decision in Wuhan Healthgen Biotechnology Corp. v. U.S. International Trade Commission significantly alters the landscape for small companies seeking recourse against foreign infringers. The court...more

Axinn, Veltrop & Harkrider LLP

Three Takeaways from the Initial Determination at the ITC Regarding Standard Essential Patents in the 1380 Investigation

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While...more

White & Case LLP

Trade secret litigation at the US International Trade Commission: A rising fence

White & Case LLP on

A regulatory fence surrounds the United States, blocking the importation of any product that uses or was made using a misappropriated trade secret, among other unfair acts. That fence, called the Tariff Act of 1930, or...more

Mintz - Intellectual Property Viewpoints

ITC ALJ McNamara in Apple-Qualcomm Investigation: Exclusion Orders Are Incentives to Design- Around

In her April 16, 2019 Public Interest Findings, Administrative Law Judge (“ALJ”) McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the International Trade...more

Mintz - Intellectual Property Viewpoints

Designing Around a Monopoly: the Public Interest Dispute between Qualcomm and Apple Takes a New Turn

As we mentioned in December, the International Trade Commission issued a notice to review the Final Initial Determination and Recommended Determination issued by Administrative Law Judge Pender in Certain Mobile Electronic...more

Orrick, Herrington & Sutcliffe LLP

The New Madison Approach Goes to Court

On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed by u-blox against Interdigital in the U.S. District Court for the Southern District...more

Mintz - Intellectual Property Viewpoints

ITC to Review Controversial Apple-Qualcomm Decision

As anticipated, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”)...more

Jones Day

Remedial Orders and the Public Interest Factors

Jones Day on

In a recent opinion, the International Trade Commission (“ITC”) issued a limited exclusion order and cease and desist orders (“CDOs”) directed towards Respondent Toshiba’s infringing products. Certain Non-Volatile Memory...more

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