August 14, 2015ITC News

MaryJoan McNamara Named New ALJ

Judge MaryJoan McNamara has joined the ITC as an administrative law judge. With the addition of Judge McNamara, the ITC now has a full complement of six judges to preside over Section 337 investigations. Judge McNamara replaces Judge E. James Gildea, who retired last August after six years of service. ...›

June 23, 2015ALJ Decisions

3G Mobile Handsets: FRAND Defense Rejected for Alleged Standards-Essential Patents

ALJ Theodore Essex issued the public version of his initial determination on remand in Certain 3G Mobile Handsets and Components Thereof, Inv. No. 337-TA-613, on May 8, 2015.  In this closely watched proceeding, ALJ Essex issued a significant decision for parties involved in litigation over standard-essential patents (“SEPs”). The ALJ found that two of InterDigital’s patents relating to the 3GPP wireless standard were infringed and rejected Microsoft and Nokia’s FRAND defense.  He determined that there was no evidence that the patents were SEPs, “no evidence that [InterDigital] engaged in hold-up, or did not negotiate in good faith”, and by contrast, “evidence in this case supported a finding that [Microsoft/Nokia] engaged in reverse holdup or holdout.”  ...›

June 11, 2015Commission Decisions

ITC Rescinds or Modifies Six Exclusion Orders

On April 29, 2015, the ITC issued a Notice modifying three exclusion orders and rescinding three others in response to a letter from U.S. Customs and Border Patrol’s Intellectual Property Rights Branch (“CBP”).  CBP’s letter, originally sent to Secretary Barton on August 19, 2014, notified the Commission that six exclusion orders may be candidates for rescission as a result of changed conditions of fact or law. ...›

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.” ...›

Crawler Cranes
May 28, 2015Commission Decisions

Crawler Cranes: 10-Year Exclusion Order for Misappropriated Trade Secrets

On May 6, 2015, the Commission found a violation of Section 337 based on misappropriation of trade secrets and patent infringement in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).   With respect to the misappropriated trade secrets, the Commission issued a ten-year limited exclusion and cease-and-desist order barring the importation into, or sale in, the United States of crawler cranes manufactured using the misappropriated trade secrets. ...›