Topic Archives: Litigation Strategy

Crocs

ITC Proceedings under the Pilot Program for Redesigns and New Products

Since February 2015, when the ITC announced its Pilot Program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products, the Commission has issued four decisions under the program (see our previous client alert regarding the Pilot Program). Two of the requests for advisory opinions were initially referred to the Office of Unfair Import Investigations (OUII) for consideration, while the other two proceedings were initially handled by the Office of the General Counsel. ...›

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. ...›

car
November 3, 2016Litigation Strategy

Downstream Remedy at the ITC: The Continuing Applicability of the EPROMs Analysis

To remedy violations of Section 337 of the Trade Act of 1930, as amended (“Section 337”), the U.S. International Trade Commission (“ITC” or “Commission”) “shall” issue an exclusion order barring the importation of infringing articles. The default remedy is a limited exclusion order (“LEO”) directed to the infringing imported products of named respondents. ...›

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. ...›

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. ...›