Author Archive

Federal Circuit Reverses Termination Of Enforcement Proceedings In Align Technology Appeal (2013-1240, 1363)

Friday, July 25th, 2014

On July 18, 2014, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Align Technology, Inc. v. ITC (2013-1240, 1363).  This was an appeal from the International Trade Commission’s (“the Commission”) decision that it could review the ALJ’s Order determining that the accused devices were within the scope of the Consent […]

ITC Decides To Review And Modify Initial Advisory Opinion In Certain Sleep-Disordered Breathing Treatment Systems And Components Thereof (337-TA-879)

Wednesday, July 23rd, 2014

On July 18, 2014, the International Trade Commission (the “Commission) issued a notice determining to review in its entirety the Initial Advisory Opinion (“IAO”) issued by ALJ E. James Gildea in Certain Sleep-Disordered Breathing Treatment Systems And Components Thereof (Inv. No. 337-TA-879) and to issue a Commission Advisory Opinion. By way of background, this advisory […]

Enterprise Systems Technologies Files New 337 Complaint Regarding Certain Communications Or Computing Devices, And Components Thereof

Thursday, July 17th, 2014

On July 16, 2014, Enterprise Systems Technologies S.a.r.l. of Luxembourg (“Enterprise”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain communications or computing […]

ITC Issues Public Version Of Opinion Regarding $6.2 Million Dollar Civil Penalty For Consent Order Violation In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

Wednesday, July 9th, 2014

On July 2, 2014, the International Trade Commission (“the Commission”) issued the public version of its opinion in the enforcement proceeding in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof  (Inv. No. 337-TA-854) determining to impose a civil penalty on Respondents in the amount of $6,242,500.00 By way of background, the Commission instituted […]

Sunlight Supply And IP Holdings File New 337 Complaint Regarding Certain Light Reflectors And Components

Wednesday, June 25th, 2014

On June 20, 2014, Sunlight Supply, Inc. (“Sunlight”) and IP Holdings, LLC (collectively, “Complainants”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import and/or sell in the U.S. certain light reflectors and components, packaging, and related advertising […]

ITC Issues $6.2 Million Dollar Civil Penalty For Consent Order Violation In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

Friday, June 13th, 2014

On June 9, 2014, the International Trade Commission (“the Commission”) issued a notice and order in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854) determining to impose a civil penalty on Respondents in the amount of $6,242,500. By way of background, the Commission instituted the underlying investigation on September 18, […]

ITC Grants Stay Of Cease And Desist Orders Pending Federal Circuit Appeal In Certain Digital Models, Digital Data, And Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances (337-TA-833)

Wednesday, June 4th, 2014

On June 2, 2014, the International Trade Commission (the “Commission”) issued a notice determining to grant a motion filed by the Respondents to stay the cease and desist orders issued by the Commission in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, […]

Did You Know…Satisfying The Domestic Industry Requirement With Licensing Now Requires Proof Of Articles Protected By The Patent?

Monday, May 19th, 2014

In Section 337 actions before the International Trade Commission (“the Commission”), the complainant must establish that a domestic industry for articles protected by the asserted patent(s) exists or is in the process of being established.  19 U.S.C. § 1337(a)(2).  The domestic industry requirement consists of two prongs:  an economic prong and a technical prong. To […]

ALJ Gildea Issues Claim Construction Order In Certain Silicon Microphone Packages And Products Containing Same (337-TA-888)

Friday, May 9th, 2014

On May 8, 2014, ALJ E. James Gildea issued the public version of Order No. 34 (dated April 15, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888). By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) […]

ITC Issues Public Version Of Opinion Finding No Violation Of Section 337 In Certain Electronic Imaging Devices (337-TA-850)

Friday, May 2nd, 2014

On April 21, 2014, the International Trade Commission (the “Commission”) issued the public version of its opinion finding no violation of Section 337 in Certain Electronic Imaging Devices (Inv. No. 337-TA-850). By way of background, the investigation is based on a complaint filed by Flashpoint Technology, Inc. (“Flashpoint”) alleging a violation of Section 337 in […]