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Intellectual Property Protection Section 337 Domestic Industry Requirement

Ropes & Gray LLP

[Podcast] Talkin’ Trade: Section 337 Domestic Industry Shake-Up—Exploring the Lashify Decision

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On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Patrick Lavery discuss a groundbreaking Federal Circuit decision in Lashify v. ITC. This pivotal...more

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

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...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

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

IP Hot Topic: Federal Circuit Affirms Small U.S. Investments Can Satisfy Domestic Industry Requirement

A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the...more

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

2024 Design Patents Year in Review: Analysis & Trends - ITC Design Patent Trends: Analyzing Outcomes Through 2024

The U.S. International Trade Commission (ITC) remains a pivotal forum for addressing intellectual property disputes under Section 337, particularly those involving design patents. Although the Commission issued no remedial...more

McDermott Will & Emery

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

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Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

McDermott Will & Emery

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

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The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

Haug Partners LLP

The Effect of Proposed Legislative Reform at the ITC

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Last week, for the second time in two years, members of the House of Representatives proposed legislation limiting the ability of certain entities to file complaints for unfair trade practices at the U.S. International Trade...more

Mintz - Intellectual Property Viewpoints

ITC rejects minimum threshold requirement for domestic industry economic prong and emphasizes the importance of contextual...

In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial...more

Mintz - Intellectual Property Viewpoints

ITC suggests 5% Threshold for Domestic Industry Assessment; order may impact tech companies

Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that...more

Jones Day

Commission Reverses Initial Determination’s Finding of No Direct Infringement

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In an earlier post related to this investigation, we discussed the ITC’s recommendation that a general exclusion order issue for products infringing Complainant National Products Inc.’s (“NPI”) patents after all named...more

Jones Day

Product Prototype Built Abroad Satisfies Domestic Industry Requirement

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On February 14, 2019, the U.S. International Trade Commission (“ITC”) issued an Initial Determination (“ID”) in the matter of Certain Road Construction Machines and Components Thereof, Inv. 337-TA-1088. In the ID, ALJ Lord...more

Jones Day

ITC Grants General Exclusion Order for Section 337 Violations

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A recent initial determination (“ID”) from the ITC resulted in a general exclusion order for products infringing several patents belonging to Complainant National Products Inc. (“NPI”). Certain Mounting Apparatuses For...more

Jones Day

Declining Domestic Investments May Still Qualify as Significant

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In a recent decision, the ITC rejected respondent’s argument that complainant did not meet its domestic industry (“DI”) requirements because of declining investments over the years leading up to the Complaint. In re Certain...more

Jones Day

Research Prototypes Count Towards Domestic Industry

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In a recent opinion, the International Trade Commission (“ITC”) held that economic investments and activities related to patented pre-commercial and non-commercial articles can meet Section 337’s domestic industry...more

Mintz

ITC Provides Clarity on the Meaning of a Section 337(a)(2) “Article”

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A recent decision by the International Trade Commission (“ITC” or the “Commission”) held that pre-commercial or non-commercial items qualify as “articles” for purposes of section 337 investigations. The decision opens up the...more

Jones Day

Economic Prong of Domestic Industry Requirement Is Not Evaluated in Relation to Complainant’s Overall Investments

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Administrative Law Judge Lord held the economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments. In re...more

Jones Day

Establishing Domestic Industry Based on Future Products

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In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

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Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Hogan Lovells

ITC Section 337 – Quarterly Highlights

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The Trump Administration’s Potential Impact on ITC Section 337 Cases - Most project the Trump administration as less inclined toward continued patent reform, more pro-patent, and certainly more trade protectionist, than...more

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