Archive for the 'Practice Tips' Category

President Obama Fails To Veto ITC Final Determination Of Violation In Certain Electronic Digital Media Devices (337-TA-796)

Wednesday, October 16th, 2013

On October 8, 2013, the U.S. Trade Representative, Ambassador Michael B.G. Froman, issued a statement confirming that President Barack Obama would not disapprove of the International Trade Commission’s (the “Commission”) final determination to issue an exclusion order and cease and desist order in Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796). By […]

ITC Names New Administrative Law Judge

Tuesday, September 24th, 2013

On September 23, 2013, the International Trade Commission issued a press release announcing that Judge Sandra (Dee) Lord will become an administrative law judge at the ITC. The press release relating to ALJ Lord states: Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Judge Sandra (Dee) Lord has […]

President Obama Vetoes ITC Final Determination Of Violation In Certain Electronic Devices Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)

Monday, August 5th, 2013

On August 3, 2013, U.S. Trade Representative, Ambassador Michael B.G. Froman, issued a letter to Chairman Williamson of the U.S. International Trade Commission (the “Commission”) announcing that President Barack Obama disapproves of the Commission’s determination to issue an exclusion order and a cease and desist order in Certain Electronic Devices, Including Wireless Communication Devices, Portable […]

ITC Launches Pilot Program Using Early Disposition Of Key Issues To Lessen Litigation Costs

Thursday, June 27th, 2013

On June 24, 2013, the International Trade Commission (“ITC” or the “Commission”) issued a press release stating that the Commission has launched a pilot program “to test whether early rulings on certain dispositive issues in some section 337 investigations could limit unnecessary litigation.” According to the release, when determining whether or not to institute an […]

ITC Adopts Final Rules Regarding Scope Of Discovery

Tuesday, May 28th, 2013

On May 21, 2013, the International Trade Commission (“Commission”) published its Final Rules, amending its Rules of Practice and Procedure. The purpose behind the Commission’s new rules is “to reduce expensive, inefficient, unjustified, or unnecessary discovery practices in agency proceedings while preserving the opportunity for fair and efficient discovery for all parties.”  See recent ITC […]

ITC Issues Article Regarding Statistics On Section 337 Investigations With Emphasis On NPE Activity

Monday, April 22nd, 2013

On April 15, 2013, the International Trade Commission (“ITC” or the “Commission”) issued an article highlighting the sustained increase in the agency’s Section 337 caseload over the last five years and providing detailed statistics regarding the use of Section 337 investigations by non-practicing entities (“NPEs”). According to the article, the number of new Section 337 […]

U.S. Department Of Justice And U.S. Patent & Trademark Office Issue Joint Policy Statement On Remedies Involving Standards-Essential Patents

Friday, January 18th, 2013

On January 8, 2013, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the U.S. Patent & Trademark Office (“USPTO”) issued a joint policy statement on providing injunctive relief in judicial proceedings or Section 337 investigations when the patentee has agreed to license the patent-in-suit on reasonable and nondiscriminatory (“RAND”) or fair, reasonable […]

ITC Publishes New Proposed Rules Regarding Scope of Discovery

Saturday, October 6th, 2012

On October 5, 2012, the International Trade Commission (“Commission”) published a Notice of proposed rulemaking, announcing amendments to its Rules of Practice and Procedure.  In particular, the Commission proposes to amend Section 210.27 by adding new subsections (c), (d), and (e) that include specific limitations on electronically stored information, new general limitations on discovery, and […]

Meredith Broadbent Sworn In As ITC Commissioner

Friday, September 28th, 2012

On September 11, 2012, the ITC issued a press release announcing that Meredith Broadbent has been sworn in as a commissioner of the U.S. International Trade Commission. According to the press release: Meredith Broadbent, a Republican of Virginia, has been sworn in as a Commissioner of the U.S. International Trade Commission (USITC). Nominated to the […]

ITC Publishes New Proposed Rules Of Practice And Procedure

Monday, July 30th, 2012

On July 2, 2012, the International Trade Commission (“Commission”) published a Notice of proposed rulemaking, announcing amendments to its Rules of Practice and Procedure.  According to the Notice, the amendments are necessary to make certain technical corrections, to clarify certain provisions, to harmonize different parts of the Commission’s rules, and to address concerns that have […]