Topic Archives: ITC Procedures


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. ...›

Patent Office
May 23, 2016ITC News, ITC Procedures

No Stays of ITC Proceedings Based on IPRs, But Commission Grapples With Effect of A Final PTAB Decision

On March 3, 2016, Administrative Law Judge David Shaw denied a motion to stay Investigation No. 337-TA-983 pending resolution of instituted inter partes reviews (IPR) for two of the three patents asserted in the investigation. The requested stay was denied even though the two IPRs were scheduled to conclude before the anticipated target date for the ITC investigation’s final determination. ...›

April 8, 2016ITC Procedures

Comments on ITC’s Proposed Amendments to Rules, Including Making the 100-Day Pilot Program Permanent

On September 24, 2015, the ITC published a Notice of Proposed Rulemaking (“NOPR”) to make several amendments to its Rules of Practice and Procedure, including, inter alia, (1) codifying and expanding the pilot program for early resolution of potentially dispositive issues within 100 days of institution, (2) allowing for institution of multiple investigations based on a single complaint, and (3) requiring the notice of institution to specify the accused products within the scope of the investigation. ...›

Top Developments at the ITC

Top Developments at the ITC in 2015

The past year has seen a number of major developments for Section 337 investigations at the International Trade Commission, including several high profile Federal Circuit decisions, the announcement or proposed expansion of two pilot programs for expedited proceedings, and the naming of a new Administrative Law Judge (ALJ). Here are the Top 10 developments at the ITC in 2015. ...›

September 30, 2015ITC Procedures

ITC Proposes Expansion of 100-Day Pilot Program for Early Termination

On September 24, 2015, the ITC published a Notice of Proposed Rulemaking (“NOPR”) to amend several of its Rules of Practice and Procedure, most notably to expand the 100-day pilot program for early termination of Section 337 investigations. The ITC also proposes to clarify that one Section 337 complaint can be divided and instituted as multiple investigations, and that the presiding Administrative Law Judge (“Judge”) can sever one investigation into multiple investigations. ...›

September 18, 2015ITC Procedures

Update: ITC Pilot Program for Redesigns and New Products

As we previously discussed, the ITC launched in February 2015 a pilot program to expedite decision-making in proceedings to determine whether redesigns or new products are covered by outstanding ITC exclusion orders. MoFo’s Brian Busey was recently quoted in a Law360 article discussing the program and possible reasons why parties have not yet elected to use it. ...›

August 31, 2015ITC Procedures

Practice Tip: Letters Rogatory at the ITC

Letters rogatory provide a means for a party to request judicial assistance from foreign courts to obtain discovery from foreign third parties. Parties before the International Trade Commission (“ITC” or “Commission”) may use letters rogatory to obtain documents and deposition testimony from foreign third parties that decline to provide the information voluntarily. However, because the letters rogatory process can take considerable time to complete and has many specific procedural requirements, parties should be prepared to commence the process as early as possible in the investigation. ...›

August 24, 2015ITC Procedures

Indecision at the ITC: Ramifications of the ITC’s First Stay of a Remedy Order

On June 11, 2014, the International Trade Commission (the “ITC” or “Commission”) ordered a stay pending appeal to the Federal Circuit of cease and desist orders that the Commission had previously entered against respondents in a 19 U.S.C. § 1337 (“Section 337”) investigation called Digital Models. This marks the first time the Commission has stayed its own remedy orders. ...›