April 8, 2016ITC Procedures

Comments on ITC’s Proposed Amendments to Rules, Including Making the 100-Day Pilot Program Permanent

On September 24, 2015, the ITC published a Notice of Proposed Rulemaking (“NOPR”) to make several amendments to its Rules of Practice and Procedure, including, inter alia, (1) codifying and expanding the pilot program for early resolution of potentially dispositive issues within 100 days of institution, (2) allowing for institution of multiple investigations based on a single complaint, and (3) requiring the notice of institution to specify the accused products within the scope of the investigation. ...›

Digital Models
March 31, 2016Federal Circuit

ClearCorrect v. ITC: Federal Circuit Denies En Banc Review of Decision on ITC’s Jurisdiction Over Electronic Transmissions

Today, the Federal Circuit rejected petitions for rehearing en banc in ClearCorrect v. International Trade Commission. The three-judge panel’s November 10, 2015 opinion, which held that the International Trade Commission (ITC) does not have jurisdiction to block the importation of electronic transmissions that infringe U.S. intellectual property, therefore remains in effect. ...›

General Exclusion Orders
March 9, 2016Litigation Strategy

Time for Another Look At General Exclusion Orders?

One of the most attractive attributes of Section 337 proceedings from a complainant’s perspective is the ITC’s unique exclusionary remedies against infringing imports. Specifically, the ITC has the power to issue exclusion orders directing U.S. Customs and Border Protection to block the importation of products that infringe U.S. patents. ...›

Lexmark v. Impression
February 26, 2016Federal Circuit

Lexmark v. Impression: Federal Circuit Holds that Restricted Sales and Foreign Sales Do Not Exhaust Patent Rights

In Lexmark International, Inc. v. Impression Products, Inc., the en banc Federal Circuit held that (1) the sale of an article under clearly communicated and otherwise lawful restrictions on use and resale avoids patent exhaustion and preserves the patentee’s rights to pursue infringement remedies both against the buyer and downstream buyers with knowledge of the restrictions, and (2) a patentee’s or licensee’s foreign sales of a patented article do not exhaust the U.S. patent rights in the article sold, even if no reservation of those rights accompanies the sale. ...›

Top Developments at the ITC

Top Developments at the ITC in 2015

The past year has seen a number of major developments for Section 337 investigations at the International Trade Commission, including several high profile Federal Circuit decisions, the announcement or proposed expansion of two pilot programs for expedited proceedings, and the naming of a new Administrative Law Judge (ALJ). Here are the Top 10 developments at the ITC in 2015. ...›

Digital Models
February 3, 2016Federal Circuit

Digital Models: ITC and Align Ask for Federal Circuit En Banc Review

On January 27, 2016, both the International Trade Commission (ITC or “Commission”) and Align Technology, Inc. (“Align”) petitioned the Federal Circuit for en banc review of the panel’s decision in ClearCorrect v. ITC. A three-judge panel of the Federal Circuit ruled in November 2015 that the ITC’s jurisdiction under Section 337 is limited to “material things” and does not extend to electronically transmitted data. ...›

337 Investigations Instituted by Calendar Year
January 25, 2016ITC News

Round-Up: 2015 Decisional Statistics

In 2015, the ITC maintained an active docket in line with recent investigational trends. Overall, 36 investigations were instituted in 2015, compared to 39 in 2014 and 42 in 2013. In contrast, 2011’s all-time high of 69 new investigations remains an outlier. All of the investigations instituted in 2015 involved patent infringement allegations, while six investigations also included allegations of other unfair acts. ...›