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 [...]
On November 9, 2010, the ITC issued a press release announcing that Irving A. Williamson has been designated by President Barack Obama as Vice Chairman of the Commission for the term that will expire on June 16, 2012. According to the press release: Vice Chairman Williamson was nominated to the USITC by President George W. [...]
On October 6, 2010, the Patents Post-Grant Blog posted an article regarding the issue of stays pending reexamination at the U.S. Patent and Trademark Office as it relates to the ITC, and more particularly, Motiva, LLC’s October 1, 2010 complaint against Nintendo Co., Ltd. and Nintendo of America, Inc. See our October 4, 2010 post [...]
On September 29, 2010, President Obama’s Office of the Press Secretary issued a press release announcing the nomination of Jimmie V. Reyna for a seat on the U.S. Court of Appeals for the Federal Circuit. According to the press release: Jimmie Reyna is a partner in the Washington, D.C. office of the law firm Williams [...]
On September 9, 2010, Corporate Counsel Magazine published a list of the 25 most influential people in the intellectual property practice area. Chief ALJ Paul J. Luckern was listed along with other judges including , U.S. Supreme Court Justice Anthony Kennedy, U.S. Court of Appeals for the Federal Circuit Judges Michel and Rader, and Judge [...]
The U.S. Court of Appeals for the Federal Circuit (CAFC) has now heard the en banc arguments in Princo Corp. v. Int’l Trade Comm’n, (2007-1386) and is set to rule on the case in the near future. See our February 26, 2010 post for further background. The en banc re-hearing focused on two main issues: [...]
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 [...]
On March 26, 2010, The University of Baltimore School of Law’s Intellectual Property Law Journal, Intellectual Property Law Society, and International Law Society are hosting an Intellectual Property symposium. The theme of this year’s symposium is: “The Domestic Impact of Intellectual Property in a Global Economy” and will address issues and trends related to intellectual [...]
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 [...]
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 [...]
