Topic Archives: ITC News

August 28, 2017ITC News, Litigation Strategy

Asserting trademarks and available remedies at the ITC

Trademark owners seeking non-monetary relief for infringement can turn to the U.S. International Trade Commission. The ITC offers a variety of powerful remedies pursuant to Section 337 of the Tariff Act of 1930, as amended. These remedies include exclusion orders that bar infringing imports, and cease and desist orders that prohibit respondents from engaging in specified commercial activities with respect to infringing articles. ...›

May 19, 2017ITC News

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337 TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s antitrust claims. The arguments largely focused on the applicability of antitrust standing requirements for cases brought under federal antitrust laws to antitrust-based complaints brought under Section 337. ...›

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. ...›

January 20, 2017ITC News

New ITC Investigations Surge in 2016

The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016, compared to an average of approximately 39 per year from 2012 to 2015. ...›

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. ...›

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. ...›

July 12, 2016ITC News

Carbon and Alloy Steel - Update: Judge Lord Suspends Steel Investigation Pending Notification to Commerce Department

Judge Dee Lord issued an Initial Determination (ID) on July 6, 2016, suspending the investigation initiated by U.S. Steel against Chinese steel makers (Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002), in order for the Commission to notify the Commerce Department of the investigation, and potentially to await a response before continuing with further Section 337 proceedings. ...›

Irving Williamson
June 27, 2016ITC News

Irving Williamson Becomes ITC Chairman

On June 17, 2016, Irving Williamson succeeded Meredith Broadbent as Chairman of the ITC. Ms. Broadbent’s term expired on June 16 and the President did not appoint a successor, so Mr. Williamson became Chairman as the most senior Democrat on the Commission. ...›