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Manufacturers › Section 337

Arnall Golden Gregory LLP

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

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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

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

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

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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

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

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

K&L Gates LLP

Stopping Traffick: Actions Before the U.S. International Trade Commission to Stop Unfair and Unethically-Sourced Competition

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The U.S. International Trade Commission is charged with remedying unfair acts in the importation of products into the United States. While alleged unfair acts at issue before the Commission tend to take the form of...more

Mintz

International Trade Commission Clarifies Domestic Industry Requirements in Favor of Patent Owners

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A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves a patent owner’s ability to demonstrate that it possesses a statutorily required “domestic industry” and can therefore obtain relief...more

Jones Day

ITC Makes It Easier for Complainants to Meet the Domestic Industry Requirement

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In a recent decision, the Commission overruled the ALJ to clarify, and ultimately expand, the universe of investments that complainants can use to meet the economic prong of the domestic industry (“DI”) requirement. Certain...more

Mintz - Intellectual Property Viewpoints

Recent ITC decision clarifies and eases domestic industry burden for patent holders

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A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves intellectual property holders’ ability to prove that they have a “domestic industry” and obtain relief for infringement from the...more

Foley & Lardner LLP

The Public Interest, EPROMs, and Domestic Industry Issues in Component Manufacturer S. 337 Investigations

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Since the Supreme Court’s decision in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), injunctions are an infrequent remedy for patent infringement in federal district courts. Yet, an exclusion order – the functional...more

Jones Day

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

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In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products...more

Foley & Lardner LLP

International Trade Litigation and the New Trump Administration: Your Top Ten Questions Answered

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Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more

King & Spalding

ITC Section 337 Update – October 2015

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ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more

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