Topic Archives: Federal Circuit

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. ...›

Lelo v. ITC: Qualitative Factors Alone Are Insufficient for Domestic Industry

On May 11, 2015, the Federal Circuit reversed the Commission’s finding of a domestic industry in Investigation No. 337-TA-823, because the ITC’s “analysis and determination was based on qualitative factors” alone, without quantitative data showing that the alleged “investment” and “employment” were significant.  Lelo Inc. v. International Trade Com’n, ---F.3d--- (2015).  The Federal Circuit held that “qualitative factors alone are insufficient to show ‘significant investment in plant and equipment’ and ‘significant employment of labor or capital’ under prongs (A) and (B) of the § 337 domestic industry requirements.” ...›

April 3, 2015Domestic Industry, Federal Circuit

LSI Corp. v. ITC: Federal Circuit Affirms "Articles" Requirement for Domestic Industry

On March 20, 2015, the Court of Appeals for the Federal Circuit issued an opinion in LSI Corp. v. ITC, No. 2014-1410 (Fed. Cir. Mar. 20, 2015), affirming the Commission’s finding of no violation based on a failure by Complainant LSI to establish that its licensing activities, used to satisfy the domestic industry requirement, related to an actual article practicing the asserted patents.  ...›