News & Analysis as of

Imports Jurisdiction

The Volkov Law Group

Landmark Ninth Circuit Ruling Expands Application of False Claims Act to Trade Enforcement (Part II of II)

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DOJ’s ability to bring False Claims Act actions against companies for customs fraud was affirmed in a significant Ninth Circuit decision, United States ex rel. Island Industries Inc. v. Sigma Corp., No. 22‑55063, __ F.4th __...more

Foley & Lardner LLP

Ninth Circuit Slams Importer in a False Claims Act Case Involving the Knowing Avoidance of Antidumping Duties

Foley & Lardner LLP on

A recent Ninth Circuit decision underscores why importers should be worried that they will be hit with a large government bill under the False Claims Act (FCA) to pay for newly raised duties imposed on imported products. The...more

Husch Blackwell LLP

Ninth Circuit Finds Importer Liable Under False Claims Act for Failure to Pay Antidumping Duties

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The Ninth Circuit Court of Appeals in Island Industries v. Sigma Corp., upheld a lower court jury determination that an importer of welded pipe fittings is liable for $8 million in unpaid antidumping duties under the False...more

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

Mintz - Intellectual Property Viewpoints

Federal Circuit Rejects Google’s Bid To Shrink ITC Jurisdiction over Post-Importation Acts of Indirect Infringement

In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed. See Loper Bright...more

ArentFox Schiff

From Emergency Measures to Enforcement: The Solar Bridge and Its Legal Ramifications

ArentFox Schiff on

Two years after declaring a national emergency and instructing the US Department of Commerce (Commerce) to pause the imposition of AD/CVD duties applicable to certain imports of crystalline silicon photovoltaic solar cells...more

Holland & Knight LLP

Importers Take Note: Trump Administration's Section 301 Authority Challenged in Court

Holland & Knight LLP on

A lawsuit filed with the U.S. Court of International Trade (CIT) on Sept. 10, 2020, seeks to upend the Trump Administration's authority to levy and collect certain of the tariffs imposed under Section 301 of the Trade Act of...more

Orrick - Trade Secrets Group

ITC’s Expansive Reach over Trade Secrets Developed and Misappropriated Abroad

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Foley & Lardner LLP

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

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...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

Husch Blackwell LLP

The Court Of International Trade – A Customs Protest Or A Scope Ruling Is A Necessary First Step Before Filing Appeals Pursuant To...

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The Court of International Trade (CIT) issued a decision in TR International Trading Co. v. United States (Slip Op. 20-34) on March 16, 2020, stating that if a company wishes to file an appeal under the Court’s residual...more

McDermott Will & Emery

The Rise of Digital Services Taxes

McDermott Will & Emery on

Governments are starting to catch up with online businesses. Multinational clients that provide online advertising services, sell consumer data, or run online intermediary platforms should prepare themselves for the imminent...more

Mintz - Intellectual Property Viewpoints

The International Trade Commission Has Broad Jurisdictional Authority, Including Indirect Sellers

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

Hogan Lovells

USDA and FDA Settle Jurisdiction over Products Derived from Livestock and Poultry Cell Lines

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The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) announced today a formal-agreement coordinating joint jurisdiction over the production of...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

Mintz - Intellectual Property Viewpoints

ITC Declines to File Petition for Certiorari – CAFC Holding that ITC Does Not Have Jurisdiction over Digital Imports Stands

The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more

Pillsbury - Internet & Social Media Law Blog

Rehearing Denial Leaves ITC’s Jurisdiction Tethered to the Material World

Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material...more

Mintz - Intellectual Property Viewpoints

Year in Review: The Most Popular Blog Posts of 2015

As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more

King & Spalding

ITC Section 337 Update – November 2015

King & Spalding on

Federal Circuit Panel Rules Commission Lacks Jurisdiction Over Digital Transmissions – On November 10, 2015, the Federal Circuit issued a 2-1 panel opinion in ClearCorrect Operating LLC v. ITC, Appeal No. 2014-1527, reversing...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Rules That ITC Does Not Have Jurisdiction Over Digital Imports

On November 10, 2015, the Federal Circuit issued its opinion in ClearCorrect Operating, LLC v. ITC, and struck a blow to both the ITC and the entertainment and software industries by overturning the ITC’s opinion and finding...more

Kelley Drye & Warren LLP

Federal Circuit Rules Digital Data Transmitted Into The U.S. Is Not An “Article” Within ITC’s Juridiction (Clearcorrect,...

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Today, a divided three-judge panel of the Federal Circuit (Prost, O’Malley concurring and Newman dissenting) ruled that the U.S. International Trade Commission’s (ITC) authority to provide remedies for unfair acts involving...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

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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

Bracewell LLP

Federal Circuit Strengthens ITC's Authority to Police Importation

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On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

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