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Jurisdiction International Trade Commission (ITC)

Knobbe Martens

A Request for Sanctions Before the ITC Is Not Appealable to the Federal Circuit

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REALTEK SEMICONDUCTOR CORPORATION v. ITC - Before Reyna, Bryson, and Stoll. Appeal from the United States International Trade Commission. The Federal Circuit lacks jurisdiction to hear appeals of non-final determinations from...more

Bradley Arant Boult Cummings LLP

Jurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are Limited

In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions...more

McDermott Will & Schulte

Case closed: Commission sanctions ruling isn’t an import decision

The US Court of Appeals for the Federal Circuit dismissed an appeal for lack of jurisdiction, finding that a denial of sanctions at the International Trade Commission was not a “final determination” under trade law because it...more

Baker Botts L.L.P.

Navigating SEP Disputes Before the ITC: Strategy, Standards, and the Reach of Anti-Suit Injunctions

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The U.S. International Trade Commission is a unique forum in the realm of intellectual property litigation. Originally established as a trade body to assess tariffs and the economic implications of global trade, the ITC now...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - May 2025

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The beginning of 2025 saw two overarching trends in FRAND litigation...more

Proskauer - The Patent Playbook

Litigating Patents in the ITC: When and Why Companies Take the Section 337 Route

Formerly a niche venue for trade-related matters, the International Trade Commission (“ITC”) has emerged as a battleground for many high stakes intellectual property disputes, particularly in the technology, life sciences,...more

McDermott Will & Schulte

No APA Review of Commission Refusal to Issue Sua Sponte Show Cause Order

The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more

McDermott Will & Schulte

Power Play: Pull the Plug on Parallel District Court Litigation, ITC Investigation

The US Court of Appeals for the First Circuit vacated a preliminary injunction, explaining that the district court should have immediately issued a statutory stay of the proceeding under 28 U.S.C. § 1659(a) because a...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

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

[Webinar] Trade Secrets at the ITC - November 15th, 1:00 pm - 2:00 pm ET

Directors Uma Everett and Paul Ainsworth will present the “Trade Secrets at the ITC” webinar on Wednesday, November 15, 2023, at 1:00 PM (EDT). During the webinar, attendees will understand strategic considerations...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Fish & Richardson

ITC Monthly Wrap-Up: June 2022

Fish & Richardson on

This month, there were two new complaints filed at the ITC, including complaints filed by Velodyne Lidar USA, Inc. (Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same, Inv. No....more

BakerHostetler

[Webinar] One Year of Patent Law in 60 Minutes - February 24th, 12:00 pm - 1:00 pm EST

BakerHostetler on

Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will...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

Foley & Lardner LLP

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

Foley & Lardner LLP on

...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

BakerHostetler

[Webinar] Patent Law: 2019 Year End Review (and 2020 Preview) - February 26th, 12:00 pm ET

BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2019 and what issues are...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

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Finds Jurisdiction over the ITC’s Decision Not to Institute an Investigation Under Section 337 and Explains...

• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”). • A decision...more

Jones Day

Federal Circuit Asserts Jurisdiction to Review ITC’s Non-Institution Decision

Jones Day on

In a long-awaited decision, a split panel of the Federal Circuit confirmed on May 1, 2019, that the Court has jurisdiction to review the ITC’s decision not to institute an investigation. Amarin Pharma, Inc. v. Int’l Trade...more

Jones Day

Don’t Try to Enforce Forum Selection Clauses at the ITC

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A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses that typically bind private parties to raise disputes in a...more

Mintz - Intellectual Property Viewpoints

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit:

The big news this week (and it is particularly big news in Tyler and Marshall, Texas) is that the ?Supreme Court rules that a defendant “resides” for purposes of the patent venue statute only ?where the defendant actually ?is...more

McDermott Will & Schulte

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Holds That Forum-Selection Clause in License Agreement Does Not Trump First-to-File Rule Altogether

On September 16, 2016, District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Comcast Corp.’s (“Comcast”) motion for a preliminary injunction seeking to enjoin defendant Rovi Corp. (“Rovi”) from continuing to litigate its...more

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