News & Analysis as of

Patent Infringement 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 & Emery

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

McDermott Will & Emery on

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

Troutman Pepper Locke

Patent Litigation Filings May Rise as GDP Falls for First Time in Three Years: Key Insights for Plaintiffs and Defendants

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While there’s no definitive consensus, economists are closely monitoring the possibility of entering a recession this year. Economists agree a recession is not imminent, but caution the odds of facing a recession are higher...more

Jones Day

Applying Fintiv to a Parallel ITC Investigation

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The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a)and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar. 20, 2020)...more

Mintz - Intellectual Property Viewpoints

SEP Licensing Wins Continue—Multinational Litigation Strategy Drives Licensing Win for Ericsson

Ericsson finally sees resolution of its standard essential patent (“SEP”) campaign against Lenovo and Motorola, filed globally in multiple jurisdictions, importantly at the U.S. International Trade Commission (“ITC”). In a...more

DLA Piper

The Federal Circuit Widens The ITC as a Venue for Life Sciences

DLA Piper on

Federal Circuit reshapes foundational requirements for viability of a case in the ITC - Pharmaceutical and life sciences companies have historically been rare participants before the International Trade Commission (ITC) – in...more

Womble Bond Dickinson

ITC Seeks En Banc Rehearing of the Federal Circuit’s Lashify Decision

Womble Bond Dickinson on

The U.S. International Trade Commission (“ITC”) is seeking an en banc rehearing of the Federal Circuit’s recent Lashify v. ITC decision, contending that the panel’s statutory interpretation focused on the statute’s terms in...more

Jones Day

Estoppel Trumps Substance: ITC Bars Respondent’s Invalidity Grounds Raised in IPR

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Recently, an ITC Administrative Law Judge applied IPR statutory estoppel under 35 U.S.C. § 315(e)(2) in denying a Respondent’s motion for summary determination of invalidity in Certain Audio Players and Components Thereof,...more

Troutman Pepper Locke

The Top Five Challenges of Pursuing Litigation at the ITC

Troutman Pepper Locke on

Patent litigation at the International Trade Commission (ITC) is characterized by its rapid pace, with proceedings for investigations under 19 U.S.C. § 1337 typically concluding within 15 to 18 months after the filing of the...more

Knobbe Martens

How New U.S. Tariffs Could Reshape Patent Litigation in the Medical Device Industry

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As the U.S. imposes sweeping new tariffs on over 180 countries and territories—including a baseline 10% rate and steep increases for China (originally 145%, now reduced to 30% for 90 days) and Taiwan (32%, now reduced to 10%...more

Fish & Richardson

ITC Round-Up: Q1 2025

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The first quarter of 2025 saw the International Trade Commission issue the following public orders addressing a wide variety of issues ranging from evaluation of significance for domestic industry to staying remedial orders...more

Ladas & Parry LLP

Recent Decisions of the Court of Appeals of the Federal Circuit on the Economic Prong of the Domestic Industry Requirement in ITC...

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Trade Commission is a federal agency whose responsibilities include investigating and where appropriate barring the import of goods resulting from a variety of unfair trade practices. It is headed by a bipartisan six-membered...more

Proskauer - The Patent Playbook

Navigating Parallel Proceedings: Lessons Learned As Time Runs Out for AliveCor in its Apple Smartwatch Patent Dispute

On March 7, 2025, the Federal Circuit issued a decision resolving the ongoing patent litigation between AliveCor and Apple concerning methods of cardiac monitoring purportedly employed in certain of Apple’s Watches. The...more

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

The Federal Circuit Expands IP Enforcement Opportunities at the ITC

Last month the Federal Circuit issued a decision in the Lashify case that significantly broadens the opportunity for companies to bring a lawsuit before the U.S. International Trade Commission (“ITC”). The ITC is known for...more

Mintz - Intellectual Property Viewpoints

Regulation, Enforcement, and Associated Challenges: Part II

Given the continued challenges in policing the burgeoning ENDS marketplace, as previously discussed in Part I of this article, in mid-2024 FDA and DOJ announced the establishment of a federal multi-agency task force to combat...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

Pillsbury Winthrop Shaw Pittman LLP

Lashify v ITC: The Federal Circuit Redefines the Domestic Industry Requirement

The Federal Circuit has overturned the U.S. International Trade Commission’s longstanding interpretation of section 337(a)(3)(B). Complainant Lashify, Inc. appealed an adverse decision by the U.S. International Trade...more

Foley & Lardner LLP

GLP-1 Receptor Agonists: Drug Litigation Overview and Trends

Foley & Lardner LLP on

The recent uptick and rise in popularity of GLP-1 drugs for addressing weight loss and obesity has led to an increase in U.S. litigation involving this class of drugs. Over the past few years, litigation has focused on a wide...more

Foley & Lardner LLP

How Should a Licensing Commitment Affect the Availability of Injunctions at the ITC?

Foley & Lardner LLP on

Governed by 19 U.S.C. § 337, the U.S. International Trade Commission (“ITC”) is empowered to investigate unfair acts in the importation of articles into the United States. The ITC can be a powerful forum for owners of U.S....more

Foley & Lardner LLP

Federal Circuit Opens the Door to Additional Domestic Industry Investment: “Ordinary Importer” No Longer

Foley & Lardner LLP on

In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Knobbe Martens

Domestic Marketing and Distribution of an Imported Product May Satisfy the Economic Prong of the Domestic-Industry Requirement

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LASHIFY, INC. V. ITC - Before Prost, Taranto, and Chen. Appeal from the U.S. International Trade Commission. Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported...more

Womble Bond Dickinson

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

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A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing...more

Mintz - Intellectual Property Viewpoints

Ahoy! ITC Welcomes SEP Holders Navigating for The Best Venue

Given the recent unanimous decision by a UK appellate court that Ericsson’s injunction efforts based on standard-essential patents (“SEPs”) were, essentially by their very nature, “hold-up” and “coercion” that violated...more

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