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Please download the full client alert here. On September 4, 2024, antidumping and countervailing duty petitions were filed with the U.S. Department of Commerce ('DOC') and U.S. International Trade Commission [...]

Navigating the complexities of the International Trade Commission (ITC) requires comprehensive knowledge of both legal principles and the specific challenges brought on by 337 investigations. In order to better understand [...]

Five days remain to submit comments to the ITC's Proposed Amendments to the Rules of Practice and Procedure for Section 337 investigations: https://www.regulations.gov/, Docket No. MISC-049. The proposed rule changes [...]

The American Alliance for Solar Manufacturing Trade Committee (Alliance) filed a petition with the US International Trade Commission (ITC) and the US Department of Commerce (Commerce) for the imposition of [...]

On March 26, 2024, the Eastman Chemical Company ('Petitioner') submitted a petition ('Petition') to the U.S. Department of Commerce ('Commerce') and the U.S. International Trade Commission ('ITC' or 'Commission') for [...]

The company pulled two watches from stores after losing a patent case, but an appeals court temporarily paused enforcement of that ruling while the legal battle continues. Apple resumed sales [...]

On September 28, 2023, Eastman Kodak filed antidumping (AD) and countervailing duty (CVD) petitions against aluminum lithographic printing plates from China claimed to be (a) dumped - i.e., sold into [...]

The ITC is home to fast-paced, high-stakes litigation, and complaints often come without warning. Complainants (the party who files the complaint) have been preparing their case for months by the [...]

Key Points On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as [...]

In many cases, ITC investigations are not stand-alone proceedings-Section 337 complaints are often accompanied by complaints filed in federal district court. These parallel complaints often are based upon the very [...]

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (Commission) decision that found no violation of Section 337 due to noninfringement. The Court disagreed [...]

When a patent owner loses at the International Trade Commission ('ITC'), can it hire new counsel and try again in district court? That question will be answered in Gamevice, Inc. [...]

A few months ago, we explored ideas for defendants who wished to quickly dispense with lawsuits involving patents directed to patent ineligible subject matter like abstract ideas or laws of [...]

A distinguishing aspect of aU.S. International Trade Commissioninvestigation under Section 337 from a district court action is the importation requirement - the accused product must have been imported, or sold [...]

On May 17, 2022, the U.S International Trade Commission ('USITC') convened a public factfinding hearing as part of an investigation into the effects of Foreign Trade Zone ('FTZ') policies and [...]

On May 18, 2022, the ITC issued a Notice of Investigation in Certain Computer Network Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same (Inv. No. 337-TA-1314). [...]

On May 13, 2022, the ITC issued its opinion denying Respondent The Chamberlain Group, Inc.'s ('Chamberlain') motion to deny a stay of the remedial orders pending appeal in Certain Movable [...]

On March 14, 2022, the ITC issued a notice of its determination finding no violation of a consent order by Respondents East West Manufacturing, LLC and East West Industries (collectively, [...]

The key to success as a Complainant in the ITC is careful preparation, long before the complaint is filed. Nowhere is this more important than in preparing and planning a [...]

On March 9, 2022, the Federal Circuit issued its opinion affirming the ITC's determination that Complainant Broadcom Corporation of San Jose, California ('Broadcom') failed to show the existence of a [...]

On January 26, 2022, the ITC issued the public version of its opinion finding a violation of section 337 in Certain Variable Speed Wind Turbine Generators and Components Thereof (Inv. [...]

On January 6, 2022, the ITC issued the public version of its opinion affirming (with modifications) ALJ David P. Shaw's initial determination ('ID') finding a violation of section 337 in [...]

Bell Northern Research, LLC has filed a complaint with the International Trade Commission (ITC) against proposed respondents BBK Electronics (OnePlus), BLU Products, HMD Global, Lenovo (Motorola Mobility), Sonim, and TCL [...]

On May 20, 2021, the ITC issued a Notice of Investigation in Certain Wearable Electronic Devices With ECG Functionality and Components Thereof (Inv. No. 337-TA-1266). By way of background, this [...]

One of the most common responses to being sued for patent infringement is a petition to the USPTO's Patent Trial and Appeal Board (PTAB) challenging the validity of the patent. [...]

The U.S. International Trade Commission ('ITC') recently terminated CERTAIN MOTORIZED SELF-BALANCING VEHICLES, Investigation No. 337-TA-1000, brought by Razor USA LLC against alleged infringers of a patent related to electric hoverboards, [...]

On March 30, 2021, the ITC issued a Notice of Investigation in Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof (Inv. No. 337-TA-1258). By [...]

On February 16, 2021, the ITC issued a Notice of Investigation in Certain Cellular Communications Infrastructure Systems, Components Thereof, and Products Containing the Same (Inv. 337-TA-1248). By way of background, [...]

On January 27, 2021, the ITC issued a press release announcing their vote to institute an investigation in Certain Active Matrix OLED Display Devices and Components Thereof (Inv. No. 337-TA-1243). [...]

On January 25, 2021, the ITC issued a press release announcing their vote to institute an investigation in Certain IP Camera Systems Including Video Doorbells and Components Thereof (Inv. No. [...]

In its recently issued opinion in Automotive Body Parts Association v. Ford Global Technologies, LLC, the Federal Circuit reaffirms the importance of design patents and their value in an overall [...]

In a recent opinion, the ITC found that four defaulting respondents violated section 337 and that a general exclusion order (GEO) was the appropriate remedy for unlicensed products. Certain LED [...]

In its recently issued opinion in Automotive Body Parts Association v. Ford Global Technologies, LLC, the Federal Circuit reaffirms the importance of design patents and their value in an overall [...]

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 [...]

Bexis vividly remembers how he first learned of 21 U.S.C. §337(a). It was early 1995, and he had just joined the Danek Medical legal team in the early going of [...]

Key Points 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 [...]

The U.S. International Trade Commission ('ITC') has launched a trade investigation against JinkoSolar, LONGi Solar and REC Group on the heels of a complaint filed on March 4th by Hanwha [...]

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 [...]

Yesterday afternoon, the International Trade Commission issued its Final Determination in Certain Mobile Electronic Devices and Radio Frequency and Process Components Thereof, 337-TA-1065. The 1065 Investigation is one of several [...]

Administrative Law Judge ('ALJ') McNamara's recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In [...]

The Federal Circuit ruled that the doctrine of assignor estoppel does NOT apply to IPR proceedings, based on the plain language of the statute, which states that any person 'who [...]

A recent initial determination ('ID') from the ITC resulted in a general exclusion order for products infringing several patents belonging to Complainant National Products Inc. ('NPI'). Certain Mounting Apparatuses For [...]