Sneakers
August 28, 2017ITC News, Litigation Strategy

Asserting trademarks and available remedies at the ITC

Trademark owners seeking non-monetary relief for infringement can turn to the U.S. International Trade Commission. The ITC offers a variety of powerful remedies pursuant to Section 337 of the Tariff Act of 1930, as amended. These remedies include exclusion orders that bar infringing imports, and cease and desist orders that prohibit respondents from engaging in specified commercial activities with respect to infringing articles. ...›

Train tracks
July 21, 2017Federal Circuit

Instradent v. ITC: Federal Circuit Oral Argument Highlights Concerns Regarding Parallel ITC, IPR, and District Court Proceedings

On July 11, 2017, Federal Circuit Judges Prost, O’Malley, and Chen heard oral arguments in the appeal captioned Instradent USA, Inc. v. ITC, No. 16-2336 (Fed. Cir.), and, on July 19, 2017, issued a Rule 36 judgment affirming the International Trade Commission’s decision. Appellant-Respondent Instradent USA, Inc. appealed the Commission’s decision in Dental Implants, Inv. No. 934, finding a violation of Section 337 based on infringement of the asserted claims of U.S. Patent No. 8,714,977. ...›

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. ...›