Search

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 [...]

Introduction The rapid development of artificial intelligence ('AI') is revolutionizing industries and will reshape the global economy in the coming years. As U.S. companies invest heavily in AI research and [...]

On July 10, 2024, antidumping and countervailing duty petitions were filed with the U.S. Department of Commerce ('DOC') and U.S. International Trade Commission ('ITC') concerning imports of Certain Tungsten Shot [...]

We have received a number of inquiries regarding the implications of the new solar panels antidumping (AD) and countervailing duty (CVD) investigations. With the ITC just issuing its affirmative preliminary [...]

On June 7, 2024, the U.S. International Trade Commission ('USITC' or 'Commission') made a preliminary affirmative determination that there is a reasonable indication that the U.S. domestic industry that produces [...]

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 [...]

On May 14, 2024, in response to a petition by several producers of silicon photovoltaic solar modules, the US Department of Commerce (the 'Department' or 'Commerce') initiated antidumping ('AD') and [...]

Section 337 proceedings can be uniquely rigorous and require a deep understanding of the International Trade Commission's complexities and ongoing developments. To better prepare attorneys and expert witnesses for these [...]

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 [...]

This is part five of our USITC Commissioner Series. Read part one here, part two here, part three here and part four here. In prior posts for this series, we [...]

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 April 24, 2024, a group of domestic producers of crystalline silicon photovoltaic (CSPV) solar cells and modules filed a petition with the U.S. Department of Commerce (DOC) and the [...]

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 [...]

Many litigations require discovery not just from the parties to the dispute, but from other entities-and Section 337 investigations at the U.S. International Trade Commission are no different. But there [...]

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 [...]

Introduction On October 4, 2023, domestic producers filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking antidumping (AD) duties on imports of [...]

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 [...]

Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022.1 In a sense, the rise [...]

Administered by the International Trade Commission (Commission), Section 337 of the Tariff Act of 19301 provides relief to U.S. industries from unfair or injurious competition involving imported goods.2 A number [...]

The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the [...]

In Defense of the International Trade Commission: A Rebuttal to the Washington Examiner In April, the Washington Examiner published an op-ed by W. Bruce DelValle titled, 'The International Trade Commission [...]

On June 8, 2023, the United States International Trade Commission (USITC) issued a notice of a midterm review of safeguard measures on solar energy panels products, including components, equipment, and [...]

Introduction On May 30, 2023, a domestic producer of paper shopping bags and a union filed a petition with the U.S. Department of Commerce (DOC) and the U.S. International Trade [...]

Why the International Trade Commission Is Your Best Bet for Stopping Counterfeits May 25, 2023 - The main reason the U.S. International Trade Commission ('ITC') exists is to stop the [...]

Introduction On April 27, 2023, a coalition of domestic producers of brass rod filed a petition with the United States Department of Commerce (DOC) and the U.S. International Trade Commission [...]

Sunset review is a unique mechanism in the United States for competent authorities to consider whether to continue or stop the application of an anti-dumping measure under investigation. The existence [...]

Introduction On April 25, 2023, a domestic producer of boltless steel shelving filed a petition with the United States Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) [...]

The International Trade Commission: An Underutilized Forum April 27, 2023 - The U.S. International Trade Commission ('ITC') is an independent, nonpartisan, quasi-judicial federal agency created by statute whose essential purpose [...]

Auto Trends Series: Article 5 Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission ('ITC'), but the scope and subject matter of [...]

Last month, we discussed why it's important for in-house counsel facing an ITC complaint to have a plan to triage the many things that must be done in a short [...]

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 [...]

After finding that Apple infringed certain AliveCor patents related to wearable devices capable of monitoring a user's cardiac activity, the International Trade Commission ('ITC') entered a limited exclusion order and [...]

Key Points On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially [...]

January 23, 2023 - On December 20, 2022, Judge Colm F. Connolly of the District of Delaware granted a motion filed by the U.S. International Trade Commission ('ITC') to intervene [...]

Introduction On January 18, 2022, domestic producers filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking antidumping (AD) duties on imports of [...]

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 [...]

Key Points: U.S. producers filed a new petition on paper file folders from China, India and Vietnam that could subject those products to AD/CVD duties. In 2021, China, India and [...]

The U.S. International Trade Commission ('ITC' or 'Commission') has the authority to issue exclusion orders barring the importation of articles that infringe U.S. intellectual property rights. The default remedy is [...]

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 [...]

I. INTRODUCTION Per 19 U.S.C. § 1337 ('Section 337'), the International Trade Commission ('Commission') can exclude articles that violate the section from importation into the United States, unless effects on [...]

President Biden recently signed into law the CHIPS and Science Act, which will provide billions of dollars in spending and tax credits for companies to manufacture semiconductor chips in the [...]

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. [...]

Brightplus Ventures LLC, a plaintiff associated with Texas monetization firm IPValuation Partners, LLC (d/b/a IPVal), has launched litigation over the portfolio of LED and LCD backlighting patents received from IDEAL [...]