Steel
May 19, 2017ITC News

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337 TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s antitrust claims. The arguments largely focused on the applicability of antitrust standing requirements for cases brought under federal antitrust laws to antitrust-based complaints brought under Section 337. ...›

Paint Cans
April 4, 2017Federal Circuit

Organik Kimya v. ITC: Federal Circuit Affirms Dispositive Sanctions For Bad Faith Spoliation of Evidence

On February 15, 2017, the Federal Circuit affirmed the Commission’s imposition of severe, case dispositive sanctions on Respondents for bad faith spoliation of evidence as well as the issuance of a 25-year limited exclusion order in Certain Opaque Polymers, Inv. No. 337-TA-883. The appeal was decided by a panel consisting of Judges Lourie, Mayer, and O’Malley, with Judge O’Malley delivering the opinion. ...›

Cease & Desist
March 20, 2017Commission Decisions

ITC Commissioners Divided Over Standards For Cease And Desist Orders

Recent decisions by the Commission highlight a split among the Commissioners over the proper standard for issuing cease and desist orders. The majority of Commissioners appear to agree that the determination regarding whether to issue a cease and desist order is based on whether the respondent has commercially significant domestic operations or inventory of infringing products, even though those standards are not set forth in Section 337 in the United States. ...›

Batteries
March 1, 2017Commission Decisions

Lithium Metal Oxide Cathode Materials: Commission Grants Relief after First Oral Hearing in a 337 Investigation in 10 Years

On January 26, 2017, after taking the unusual step of ordering a full International Trade Commission oral hearing to consider issues including laches, remedy, and public interest, the Commission issued a limited exclusion order (LEO) in Lithium Metal Oxide Cathode Materials, Inv. No. 337-TA-951. The oral hearing was the first held before the Commission since the 2007 hearing in Baseband Processor Chips, Inv. No. 337-TA-543. ...›

Denied
February 14, 2017Federal Circuit, ITC News

Certiorari Denied For $6.2 Million Consent Order Violation Based On a Patent Later Held Invalid

On November 28, 2016, the U.S. Supreme Court denied a writ of certiorari seeking appeal of the Federal Circuit’s decision to uphold the ITC’s imposition of a $6.2 million penalty against DBN, Inc. and BDN LLC (collectively, “DBN”) for violating a consent order based on an invalid patent. The Federal Circuit upheld the penalty, in part, because the consent order expressly prohibited importation prior to invalidation of the patent. ...›

Crocs

ITC Proceedings under the Pilot Program for Redesigns and New Products

Since February 2015, when the ITC announced its Pilot Program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products, the Commission has issued four decisions under the program (see our previous client alert regarding the Pilot Program). Two of the requests for advisory opinions were initially referred to the Office of Unfair Import Investigations (OUII) for consideration, while the other two proceedings were initially handled by the Office of the General Counsel. ...›

Investigations
January 20, 2017ITC News

New ITC Investigations Surge in 2016

The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016, compared to an average of approximately 39 per year from 2012 to 2015. ...›

2016 --> 2017
January 5, 2017Commission Decisions

Top Developments at the ITC in 2016

In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of potentially case-dispositive issues; (2) a half-dozen decisions on Section 101 patentability defenses; (3) general exclusion orders being issued at a rate above the historical average; (4) a rare full Commission hearing on a Section 337 investigation; and (5) the first antitrust-based investigation in more than 25 years. ...›