Archive for the 'Did You Know…' Category

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 […]

Did You Know … The America Invents Act (AIA) May Lead To Stays Of Section 337 Investigations Pending The Completion Of New Post Grant Proceedings?

Friday, June 29th, 2012

Historically, stays of Section 337 actions pending the resolution of patent reexaminations at the U.S. Patent and Trademark Office (“PTO”) have rarely been granted.  But on September 16, 2012, new post-grant proceedings—Post Grant Review (PGR), Transitional Program for Covered Business Method Patents (TPCBMP), and Inter Partes Review (IPR)—will become available to the public pursuant to […]

Did You Know … Importing Articles Manufactured Using Trade Secrets Misappropriated Abroad Can Be A Violation Of Section 337?

Friday, June 22nd, 2012

Any regular reader of this blog will recognize that the vast majority of Section 337 actions involve the importation, sale for importation, and/or sale within the U.S. after importation of articles that allegedly infringe U.S. patents.  See 19 U.S.C. § 1337(a)(1)(B).  However, patents are not the only form of intellectual property that can form the […]

Did You Know … Beloit Does Not Authorize The Commission To Deprive Losing Parties The Right To Appeal Any Issue Noticed For Review?

Monday, April 23rd, 2012

The Federal Circuit recently issued a precedential opinion in General Electric Co. v. ITC, 670 F.3d 1206 (Fed. Cir. 2012).  See our March 1, 2012 post.  In this opinion, the Court addressed its 1984 decision in Beloit, which gave the Commission the “liberty to reach a ‘no violation’ determination on a single dispositive issue,” such as […]

Did You Know…Parties May Request A Shortened Period During Which Opposition Motions May Be Filed?

Wednesday, April 11th, 2012

Investigations at the ITC already move very quickly, but did you know that the parties can make investigations move even more rapidly?  For example, under 19 C.F.R. § 210.15(c), parties to an ITC investigation have 10 days after service of any written motion to respond, unless a longer or shorter time is designated by the […]

Did You Know … ITC Remedial Orders Can Be Modified Or Rescinded?

Tuesday, March 29th, 2011

Under Commission Rule 210.76, any person who believes that “changed conditions of fact or law, or the public interest” require that an exclusion order, cease and desist order, or consent order be modified or set aside can petition the Commission for such relief.  The petition must state the changes sought and the changed circumstances warranting […]

Did You Know…The Office Of Unfair Import Investigations Is An Independent Third Party In Section 337 Actions?

Thursday, June 17th, 2010

In Section 337 actions before the International Trade Commission (the “Commission”), the Office of Unfair Import Investigations (the “Commission Investigative Staff” or “OUII”) serves as an independent third party representing the public interest.  OUII’s principal task is to help create a complete record on all contested issues so that the Commission can properly enforce the […]

Did You Know…Respondents Can Stay Parallel District Court Actions Under 28 U.S.C. § 1659?

Tuesday, February 23rd, 2010

Under 28 U.S.C. § 1659(a), upon timely request of a Section 337 Respondent, who is also a party in a civil action, a “district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before […]

Did You Know…Parties May Obtain Temporary Relief Under Section 337?

Monday, January 4th, 2010

Under Section 337, complainants may seek and obtain temporary relief within a short time period.  Where such a motion for temporary relief is filed, and an investigation is instituted, the time period until a final determination by the Commission on the motion for temporary relief is extremely short, 90 days in most cases, and 150 […]

Did You Know…Section 337 Settlement Agreements Must Be Approved By The ITC?

Wednesday, November 4th, 2009

When parties to a Section 337 investigation settle their dispute, whether through a license agreement or otherwise, the parties may terminate the investigation by filing a motion under Commission Rule 210.21(a)(2).  However, any motion to terminate the investigation based on a settlement agreement must include:  (1) copies of the licensing or other settlement agreements, (2) […]