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. ...›

Certain Television Sets
December 22, 2015Commission Decisions, Domestic Industry

Television Sets: Commission Clarifies When Past Domestic Industry Investments No Longer Count and When Post-Complaint Activities May Be Considered

The Commission has once again addressed the economic prong of the domestic industry requirement in a final determination issued in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910) (“Television Sets”) on October 30, 2015. ...›

November 5, 2015ITC News

Flurry of New Section 337 Complaints Filed

Although the number of new Section 337 investigations instituted during the past several years has been lower than the peak years of 2011-12, the ITC has experienced a flurry of new complaint filings in the last six weeks. Since late September, eight (8) new Section 337 complaints have been filed with the Commission. Assuming that all these complaints result in institution by the ITC, this would bring the total of new Section 337 investigations instituted to 33 to date during calendar year 2015. ...›