December 12, 2016Federal Circuit

A&J Manufacturing v. ITC: Federal Circuit Affirms ITC Decision in Outdoor Grills Case

On December 9, 2016, following oral arguments two days earlier, the Federal Circuit affirmed, without opinion, the ITC’s decision concerning claim construction and non-infringement in Outdoor Grills, Inv. No. 337-TA-895. Although the ITC in Outdoor Grills found a violation of Section 337 by certain respondents, the issues on appeal concerned claim construction and non-infringement findings with respect to other respondents. ...›

Paint Cans
December 1, 2016Federal Circuit

Organik Kimya v. ITC: Federal Circuit Hears Arguments in Appeal of Dispositive Sanctions for Bad Faith Spoliation of Evidence

On October 7, 2016, the Federal Circuit heard oral arguments in an appeal from a decision in Certain Opaque Polymers, Inv. No. 337-TA-883, where the Commission imposed case dispositive sanctions on Respondents for bad faith spoliation of evidence and issued a 25 year limited exclusion order barring the importation of products made by or for Respondents using Complainant’s asserted trade secrets. The appeal was heard by a panel consisting of Judges Lourie, Mayer, and O’Malley.  ...›


Stay? No Way! Commission Denies Another Request to Stay an Exclusion Order

On October 20, 2016, the Commission denied yet another request for a stay of a remedial order in an investigation pending appeal to the Federal Circuit. The Commission’s denial in Certain Marine Sonar Imaging Devices, Inv. No. 337-TA-921, follows a long line of decisions denying stays of remedial orders pending Federal Circuit appeal (with a recent, notable exception in Digital Models), indicating that it continues to be very difficult to stay ITC remedial orders absent an “admittedly difficult legal question” concerning the order. ...›

November 3, 2016Litigation Strategy

Downstream Remedy at the ITC: The Continuing Applicability of the EPROMs Analysis

To remedy violations of Section 337 of the Trade Act of 1930, as amended (“Section 337”), the U.S. International Trade Commission (“ITC” or “Commission”) “shall” issue an exclusion order barring the importation of infringing articles. The default remedy is a limited exclusion order (“LEO”) directed to the infringing imported products of named respondents. ...›

October 28, 2016Domestic Industry, ITC News

Latest News on the ITC’s 100-Day Early Disposition Program

In a recent ruling, the Commission made clear that public interest issues are not suitable for resolution through the ITC’s 100-day Early Disposition Pilot Program. Specifically, the Commission declined to employ the program to determine “whether the asserted patents were standards-essential and are encumbered by mandatory licensing obligations giving rise to public interest concerns.” ...›

Sino Legend v. ITC
October 20, 2016ITC News

Sino Legend v. ITC – Update: Certiorari Petition Seeks to Preclude ITC Actions Based on Foreign Theft of Trade Secrets

Sino Legend petitioned the Supreme Court for a writ of certiorari to review the Federal Circuit’s decision in Sino Legend Chemical Co. v. International Trade Commission, 623 F. App’x 1016 (Fed. Cir. 2015), which affirmed the ITC’s determination that Sino Legend violated Section 337 by importing goods that utilized trade secrets stolen from a U.S. company in China. ...›

Crawler Cranes
October 14, 2016Federal Circuit

Sany Heavy Industry v. ITC: Federal Circuit Affirms 10-Year Exclusion Order for Misappropriated Trade Secrets

On October 11, 2016, the Federal Circuit affirmed the ITC’s finding of violation and issuance of a 10-year limited exclusion order barring the importation of crawler cranes made using trade secrets misappropriated from complainant Manitowoc Cranes, LLC. The respondents are Sany Heavy Industry Co., Ltd. of Changsha, China, and Sany America, Inc. of Peachtree City, Georgia. ...›

September 29, 2016Commission Decisions

Footwear Products: ITC Issues GEO Barring Shoes Infringing Two Converse Trademarks, But Finds Third Trademark Invalid

The International Trade Commission (ITC) issued a general exclusion order in the 936 Investigation on July 6, 2016, that bars importation of shoes infringing two Converse trademarks on a diamond-patterned “outsole” (or shoe bottom). But the ITC found invalid a third Converse trademark on a “midsole” design, reversing the Administrative Law Judge on that point. ...›