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Patent Infringement Imports Corporate Counsel

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

Minimizing Your Risk of Being Sued Before the U.S. International Trade Commission

The International Trade Commission (ITC) is an independent U.S. federal agency that oversees issues including IP enforcement, anti-dumping, and tariffs. A finding of infringement at the ITC can result in exclusion orders and...more

Wolf, Greenfield & Sacks, P.C.

Federal Circuit Removes Limits on “Qualifying” Domestic Industry Activities at the ITC

On March 5, 2025, the Federal Circuit rejected the ITC’s longstanding practice of excluding certain types of activities from qualifying as “domestic industry” activities under Section 337(a)(3)(B), finding the ITC’s approach...more

Knobbe Martens

The ITC Can Exclude Products That Do Not Infringe At The Time of Importation | Firm Alert

Knobbe Martens on

On March 2, 2020, the Federal Circuit issued Comcast v. ITC and held that the International Trade Commission (ITC) can block the importation of products that do not infringe a U.S. patent at the time of importation. The case...more

Jones Day

Commission Cleans Up Remedies for Robotic Vacuum Cleaners

Jones Day on

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

Weintraub Tobin

New ITC Rules For Patent Infringement Cases: Adding Fuel To The Ultimate Rocket Docket

Weintraub Tobin on

The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including...more

Bryan Cave Leighton Paisner

The Federal Circuit Upholds Express Restrictions on Downstream Sales of Patented Articles, Affirming Mallinckrodt in Light of...

The Federal Circuit issued its en banc opinion in Lexmark International, Inc. v. Impression Products, Inc. ("Lexmark") on February 12, 2016. Lexmark is the most recent in a series of cases to address the patent exhaustion...more

Mintz - Intellectual Property Viewpoints

ClearCorrect: ITC and Patentee Align Submit Petitions for Rehearing En Banc, Asking Federal Circuit to Reconsider Whether the ITC...

On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC. The Federal Circuit’s panel...more

Kelley Drye & Warren LLP

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

Kelley Drye & Warren LLP on

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

Bracewell LLP

Federal Circuit Strengthens ITC's Authority to Police Importation

Bracewell LLP on

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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