Topic Archives: Federal Circuit

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. ...›

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. ...›

Grill
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.  ...›

Denied

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. ...›

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. ...›

Digital Models
September 7, 2016Federal Circuit

ClearCorrect v. ITC: No Supreme Court Review

The International Trade Commission (ITC) and Align Technology, Inc. (“Align”) have chosen not to seek Supreme Court review of the Federal Circuit’s decision in ClearCorrect v. ITC, which held that the ITC lacks jurisdiction to block the importation of electronically transmitted digital files that infringe U.S. intellectual property. ...›

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. ...›

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. ...›