March 20, 2015ITC Procedures

Second Investigation Under 100-Day Pilot Program for Early Termination

On March 12, the Commission instituted Investigation No. 337-TA-949 based on the complaint filed by Andrea Electronics Corp. (“Andrea”). See Certain Audio Processing Hardware and Software and Products Containing Same; Institution of Investigation, 80 Fed. Reg. 14159 (March 18, 2015).  See our prior blog entry for discussion of Andrea’s complaint.  Notably, the Notice of Institution directs the Administrative Law Judge (“ALJ”) assigned to the investigation to issue an initial determination (“ID”) within 100 days regarding whether Andrea has standing to assert each of the asserted patents.  ...›

March 12, 2015Federal Circuit

Guarding Against Suprema: Potential Path for Induced Infringement

In a likely preemptive effort to guard against the potential ramifications of an adverse decision for the ITC in the pending en banc Federal Circuit appeal in Suprema Inc. and Mentalix Inc. v. ITC and Cross Match Technologies, Inc. (“Suprema”), complainant Andrea Electronics Corp. (“Andrea”) recently withdrew and re-filed a Section 337 complaint to add an alternative basis for violation under 19 U.S.C. § 1337(a)(1)(A). ...›

March 3, 2015ITC Procedures

New ITC Pilot Program for Redesigns and New Products

On February 24, 2015, the ITC announced a new pilot program to decide whether redesigns or new products are covered by ITC exclusion orders. The announced goal of the program is to test the use of expedited procedures for the Commission to evaluate and rule on new and redesigned products in modification and advisory proceedings. ...›

Suprema Fingerprint Scanning Device
February 6, 2015Federal Circuit

Suprema v. ITC: En Banc Oral Argument

The en banc Federal Circuit heard oral argument on February 5 in Suprema, Inc. v. ITC, No. 2012-117.  The Federal Circuit’s decision in this closely-watched case is expected to determine the scope of the ITC’s power to adjudicate claims for induced patent infringement. ...›

January 20, 2015Commission Decisions

Sleep-Disordered Breathing: Commissioner Dissents

In Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof, Inv. No. 337-TA-890, Comm’n Op. (Pub. Version) (Jan. 16, 2015), the Commission found a violation of Section 337 and issued a cease‑and‑desist order for infringement of all infringed patent claims. But one commissioner disagreed with the scope of the order, stating that it should instead have covered only infringed claims for which Complainants had established a commercially significant domestic inventory of covered products. ...›

December 2, 2014Litigation Strategy

Strategic Considerations in Litigating Design-Arounds

Design-arounds are a well-recognized pathway for the public to benefit from the patent system. “One of the benefits of a patent system is its so-called ‘negative incentive’ to ‘design around’ a competitor’s products, even when they are patented, thus bringing a steady flow of innovations to the marketplace.” Design-arounds are therefore an example of how patents can spur innovation, and thereby promote progress in the useful arts. ...›

October 22, 2014Commission Decisions

ITC Again Refers an Advisory Opinion Request to OUII

The Commission has referred to the Office of Unfair Import Investigations (“OUII”) an advisory opinion request filed by Otter Products LLC, which seeks a declaration that certain of its products are outside the scope of the general exclusion order entered in Certain Cases for Portable Electronic Devices (Inv. Nos. 337-TA-867/861). This is the Commission’s second such advisory opinion referral to OUII this year. Prior to this year, the last referral was nearly 30 years ago. ...›

Digital Models
August 1, 2014Federal Circuit

Align v. ITC: Consent Orders Need Not Specify Digital Data

On July 18, 2014, the Federal Circuit vacated an opinion of the International Trade Commission that would have required cease-and-desist and consent orders aimed at barring importation of digital data to explicitly reference that data. The Federal Circuit found that the Commission lacked authority under its own rules to review the ALJ’s underlying order, which was not an initial determination. The Federal Circuit also rejected the Commission’s conclusion that there was an historic practice sufficient to put the public on notice that cease-and-desist and consent orders must explicitly reference the digital data they intend to exclude. ...›

July 20, 2014Commission Decisions

ITC Issues GEO Banning Imitations of Speck Candyshell Cases

On July 10, 2014, the Commission issued a General Exclusion Order (GEO) in Certain Cases for Portable Electronic Devices, Inv. Nos. 337-TA-876/861, banning the importation of imitations of Complainant Speck’s CandyShell cases for mobile devices. The Commission concluded that a GEO was warranted, because a limited exclusion order (LEO) targeting particular respondents could easily be circumvented through the use of fake names and other evasive importation practices. The Commission set the bond during the Presidential Review period at 100% of entered value of the unlicensed, infringing cases. ...›