AGG Talks: Cross-Border Business Podcast - Episode 20: Mastering ITC Section 337 Investigations
U.S. International Trade Commission
Patent families claim inventions that are similar since the entire family claims the innovative features of a single or limited number of inventions. They do so by relying on the disclosure of a single patent specification...more
Investigations under 19 U.S.C. § 1337 (Section 337) before the U.S. International Trade Commission can provide relief against unfair acts in the import trade. The most common causes of action include infringement of U.S....more
We have passed the midpoint of 2025, and the landscape of intellectual property law continues to evolve at a rapid pace, shaped by emerging technologies, and shifting judicial interpretations. From pivotal Supreme Court...more
The International Trade Commission recently issued an opinion in a trade secret-based investigation, Certain Selective Thyroid Hormone Receptor-Beta Agonists, Processes for Manufacturing or Relating to Same, and Products...more
On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Lara Ameri break down the ITC’s recent decision in Investigation No. 337-TA-1352, a case involving...more
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
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
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
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
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
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
US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION - Before Dyk, Chen, and Stoll. Appeal from the U.S. International Trade Commission. The Federal Circuit found claims reciting magnetic properties of a claimed...more
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
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
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
Lashify, Inc. is an American company, with headquarters and employees in the United States, that distributes, markets, and sells eyelash extensions (and cases and applicators for the eyelash extensions) in the United States....more
In this edition of The Precedent, we outline the decision in Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n. The United States Court of Appeals for the Federal Circuit recently emphasized that Section 337’s...more
Lashify, Inc. v. Int’l Trade Comm’n, No. 23-1245, 2025 WL 699368 (Fed. Cir. Mar. 2025) - On March 5, 2025, the Federal Circuit vacated the International Trade Commission (“ITC”)’s decision and exercised its “independent...more
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
Addressing the economic prong of the domestic industry requirement under Section 337(a)(3)(B) of the Tariff Act of 1930, the US Court of Appeals for the Federal Circuit reversed a US International Trade Commission decision,...more
On March 5, the US Court of Appeals for the Federal Circuit issued a decision in Lashify, Inc. v. International Trade Commission, No. 23-1245, vacating in part the International Trade Commission’s (ITC) determination that...more
In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an...more
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
The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission, expanding what expenditures count to prove the economic prong of...more
On March 5, the Federal Circuit held that sales, marketing, warehousing, quality control, or distribution expenditures may count as “employment of labor or capital” for purposes of satisfying the economic domestic industry...more