The Presumption of Innocence Podcast: Episode 66 - Tariff Uncertainty and Compliance Risks for Businesses
Hot Topics in International Trade - Let's Be Serious-Supply Chain Audits
Episode 372 -- DOJ Applies False Claims Act to Tariff and Trade Violations
CHPS Podcast Episode 4: Tariffs and Trade Impact
Episode 369 -- Stepping Into the Enforcement Spotlight -- Customs and Border Patrol and Import Enforcement
Wiley's 2025 Key Trade Developments Series: Trade Remedies
Wiley's 2025 Key Trade Developments Series: U.S.-Mexico-Canada Agreement (USMCA)
Compliance Tip of the Day: The Role of Supply Chain and Compliance in Tariffs
CHPS Podcast Episode 3: Unlocking America's Mineral Potential
Tariffs and Trade Series: Effects on Agriculture Operations and Markets
Episode 358 - Ethics and Compliance Trends for 2025: Is Your Company Prepared?
U.S. Introduces “Fair and Reciprocal Plan,” Marking Significant and Impactful Shift in Trade Policy
A Brief Primer on Tariffs Under the Trump Administration
Hot Topics in International Trade 2024 Presidential Election and Trade with BLG Senior Associate Attorney Kerry Wang
Hot Topics in International Trade FTZ's and the Business Drift
Hot Topics in International Trade USMCA facilitation
Hot Topics in International Trade - Managed Services and FTZs
US-China International Trade Law: What You Need to Know Now
4 Key Takeaways | Solar Industry & Chinese Tariff Update
Hot Topics in International Trade-De Minimis With Bob Brewer, and Robert Stein, VP Braumiller Consulting
In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the...more
In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an...more
2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more
For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are...more
2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more
2023 was an exciting year for Section 337 litigation at the ITC, particularly in the final quarter of the year. As we ring in the new year, Wolf Greenfield Shareholder Libbie DiMarco examines five of the most noteworthy ITC...more
The International Trade Commission issued two final determinations in March in the 1265 and 1278 investigations. The Commission found respondents violated Section 337 in the 1265 investigation, but not in the 1278...more
The U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that infringe U.S. intellectual property rights. The default remedy is a limited...more
Under Section 337 of the Tariff Act of 1930, as amended (“Section 337”), the U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that...more
Unlocking A Public Interest Exemption Based On A Questionnaire - Synopsis: Upon consideration of the public interest factors, the Commission recently allowed the use of a questionnaire to demonstrate a “documented need”...more
Precedential Federal Circuit Opinions - BIO-RAD LABORATORIES, INC. v. INTERNATIONAL TRADE COMMISSION [OPINION] (2020-1475, 2020-1605, May 28, 2021) (Newman, Lourie, Dyk) Lourie, J. Affirming the decision of the...more
Under Section 337, the U.S. International Trade Commission (ITC or Commission) investigates allegations of unfair practices in import trade that most often involve claims regarding intellectual property rights, including...more
In July we reported that the presiding Administrative Law Judge recommended issuing an exclusion order blocking the importation of Jeuveau® (prabotulinumtoxinA-xvfs), Evolus’s follow-on biologic to Allergan’s Botox®...more
Trade secret protections are a powerful tool for companies seeking to police international theft of their intellectual property. The United States International Trade Commission (“ITC”) recently re-affirmed this, when...more
A recent opinion by the ITC reiterates that a violation of Section 337 can be based on infringement of a method claim that occurs after importation of the relevant article(s). Certain Blood Cholesterol Testing Strips and...more
Last week a trial was held before the International Trade Commission (ITC) in the trade secret case brought by Allergan and Medytox against Daewoong and Evolus. Allergan and Medytox filed a complaint with the ITC on January...more
In a recently issued Initial Determination, ALJ McNamara ruled that beer containers imported into the U.S. satisfied the domestic industry requirement when the Complainants were able to show significant domestic value-add....more
In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement. Certain Height-Adjustable Desk Platforms and...more
TECHTRONIC INDUSTRIES CO. LTD. v. ITC - Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the...more
A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was...more
In a recent Initial Determination (“ID”), ALJ McNamara indicated that the inclusion of a certification provision in the Limited Exclusion Order (“LEO”) was warranted to allow the respondent to import non-infringing redesigns....more
On April 26, 2019, Administrative Law Judge (“ALJ”) Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission’s (“ITC”) jurisdictional authority extends to...more
At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more
While it is well understood that the ITC can issue an exclusion order to stop the importation of articles found to infringe a patent, it is not as well known that such orders can also prevent certain domestic activities. A...more
Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from the United States International Trade Commission. Summary: After institution, the Commission cannot without opposition or appearance from...more