October 28, 2016Domestic Industry, ITC News

Latest News on the ITC’s 100-Day Early Disposition Program

In a recent ruling, the Commission made clear that public interest issues are not suitable for resolution through the ITC’s 100-day Early Disposition Pilot Program. Specifically, the Commission declined to employ the program to determine “whether the asserted patents were standards-essential and are encumbered by mandatory licensing obligations giving rise to public interest concerns.” ...›

Sino Legend v. ITC
October 20, 2016ITC News

Sino Legend v. ITC – Update: Certiorari Petition Seeks to Preclude ITC Actions Based on Foreign Theft of Trade Secrets

Sino Legend petitioned the Supreme Court for a writ of certiorari to review the Federal Circuit’s decision in Sino Legend Chemical Co. v. International Trade Commission, 623 F. App’x 1016 (Fed. Cir. 2015), which affirmed the ITC’s determination that Sino Legend violated Section 337 by importing goods that utilized trade secrets stolen from a U.S. company in China. ...›

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. ...›

September 29, 2016Commission Decisions

Footwear Products: ITC Issues GEO Barring Shoes Infringing Two Converse Trademarks, But Finds Third Trademark Invalid

The International Trade Commission (ITC) issued a general exclusion order in the 936 Investigation on July 6, 2016, that bars importation of shoes infringing two Converse trademarks on a diamond-patterned “outsole” (or shoe bottom). But the ITC found invalid a third Converse trademark on a “midsole” design, reversing the Administrative Law Judge on that point. ...›

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. ...›

September 6, 2016ITC News

Upcoming Event: Addressing Trade Secret Misappropriation in the International Context

Morrison & Foerster along with The Association of Women in International Trade (WIIT) invite you to attend a panel discussion about the protection of trade secrets in the international context. The panelists will discuss proceedings to address trade secret misappropriation at the U.S. International Trade Commission (ITC), implications of the new Defend Trade Secrets Act, differences between ITC and district court trade secret cases, the nature of the injury analysis in trade secret misappropriation cases, and actions U.S. companies should consider to protect their trade secrets from misappropriation abroad. ...›

Light-emitting Diode
August 18, 2016ALJ Decisions

Light-Emitting Diode Products: Sanctions Imposed for Violation of Discovery Orders

Illustrating the dangers of non-compliance with ITC discovery orders, Administrative Law Judge MaryJoan McNamara, on May 9, 2016, issued the public version of her sanctions order against two of the respondents in Light-Emitting Diode Products, Inv. No. 947. The two respondents violated discovery orders by producing more than 1,000 pages of documents shortly before the evidentiary hearing. ...›