Practice Tips
By Eric Schweibenz
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Jun
25
On June 17, 2020, the U.S. International Trade Commission issued press releases announcing the naming of its new Chairman and Vice-Chairman.

According to the press releases, the Commission has named Jason E. Kearns as the Chairman; and Randolph J. Stayin as the Vice Chairman. More information on this topic can be found at the Commission's website here for Chairman Kearns and here for Vice Chairman Stayin.
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By Eric Schweibenz
|
Jun
23
On June 22, 2020, the U.S. International Trade Commission issued an update regarding its response to the evolving COVID-19 pandemic.

According to the update, the Commission has extended its COVID-19 Action Plan, enters Phase One and provides an overview of its Three-Phased Plan.  More information on this topic can be found at the Commission's website here.
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By Eric Schweibenz
|
Apr
19
On April 17, 2017, Chief ALJ Charles E. Bullock issued a notice regarding certain evidentiary issues in Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof (337-TA-1004/990).

By way of background, the 337-TA-990 Investigation was instituted based on a complaint filed by Immersion Corp. (“Immersion”) alleging violation of Section 337 by Apple Inc. (“Apple”), AT&T Inc. (“AT&T”), and AT&T Mobility LLC (“AT&T Mobility”) in the importation into the U.S. and sale of certain mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof that infringe one or more claims of U.S. Patent Nos. 8,773,356; 8,619,051; and 8,659,571. See our February 11, 2016 and March 25, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Sasha Rao
|
Dec
16
For purposes of assessing the ongoing impact of the Commission’s 2011 plan to reduce the role of the Office of Unfair Import Investigations (“OUII”) in Section 337 investigations, we reviewed OUII’s participation rate in newly-instituted Section 337 actions over approximately the last three years.

By way of background, OUII serves, inter alia, as an independent third party representing the public interest in Section 337 actions. One of OUII’s tasks is to help create a complete record on all contested issues so that the Commission can properly enforce the provisions of Section 337. This is important because, unlike with district court litigation, a Section 337 action “is not purely private litigation ‘between the parties’ but rather is an ‘investigation’ by the Government into unfair methods of competition or unfair acts in the importation of articles into the United States.” Young Eng’rs, Inc. v. U.S. Int’l Trade Comm’n, 721 F.2d 1305, 1315 (Fed. Cir. 1983).
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By Eric Schweibenz
|
Aug
17
On August 17, 2015, the International Trade Commission issued a press release announcing that Judge MaryJoan McNamara has become an administrative law judge at the ITC.

The press release relating to ALJ McNamara states:
Meredith M. Broadbent, Chairman of the United States International Trade Commission (USITC), announced today that Judge MaryJoan McNamara has joined the USITC as an Administrative Law Judge (ALJ). McNamara will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency's investigations involving unfair practices in import trade. These investigations most often involve allegations of patent and trademark infringement.Prior to joining the USITC, McNamara served as an ALJ with the Social Security Administration's Office of Disability Adjudication and Review (National Hearing Center) in Baltimore, MD. Previously, she was a civil litigation attorney in private practice; a consultant to the U.S. Department of State on certain provisions of the Hague Convention; and an EEO specialist in the U.S. Department of Agriculture's Office of Adjudication and Compliance, where she drafted final agency decisions.Earlier in her career, McNamara was an attorney in private practice in Baltimore, MD, and in Boston, MA, where she engaged in complex litigation that included first chair trials and appellate work. Among other positions, McNamara held a position as a Special Assistant Attorney General for Massachusetts and as a Court Conciliator in Lowell Superior Court, Massachusetts. McNamara began her career at the Illinois Bureau of the Budget (now Office of Management and Budget) in Springfield, IL.McNamara holds a juris doctor degree from Northeastern University in Boston, MA; a master's degree from the University of Chicago; and a bachelor's degree from Cornell University. She also completed coursework at the University of Vienna's Institute of European Studies in Austria.

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By Eric Schweibenz and Alex Englehart
|
Oct
06
On September 30, 2014, the U.S. International Trade Commission issued a press release announcing the introduction of 337Info.  According to the press release, 337Info is a new web-based tool that will help users find information about and track Section 337 investigations.

In particular, 337Info is an information retrieval system that contains data about Section 337 investigations, including:
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By Eric Schweibenz
|
Jun
17
On June 17, 2014, the ITC issued two press releases announcing that President Barack Obama has designated (1) Meredith Broadbent as Chairman of the U.S. International Trade Commission, and (2) Dean Pinkert as Vice Chairman of the U.S. International Trade Commission.

According to the press release regarding Chairman Broadbent:


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By Eric Schweibenz
|
Jun
13
On June 10, 2014, the International Trade Commission (“ITC” or the “Commission”) issued an article regarding statistical facts and trends relating to certain aspects of Section 337 investigations.

According to the article, the number of new Section 337 investigations has remained at elevated levels over the past several years.  While the number of new investigations peaked in calendar year 2011 and has decreased somewhat in the years since, new investigations are still being instituted at historically high levels.  The Commission notes in particular that the number of ancillary proceedings has been increasing in recent years.


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By Eric Schweibenz
|
Oct
16
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 way of background, the Complainant in this investigation is Apple Inc. (“Apple”).  On October 24, 2012, ALJ Thomas B. Pender issued an Initial Determination (“ID”) which found that Respondents Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) violated Section 337 by infringement of certain valid claims of U.S. Patent Nos. D618,678; 7,479,949 (the ‘949 patent); RE 41,922 (the ‘922 patent); and 7,912,501 (the ‘501 patent).  See our January 22, 2013 post for more details on the public version of the ID.  On January 23, 2013, the Commission issued a notice determining to review the ID in its entirety, and also remanded the investigation to ALJ Pender to consider certain issues related to the ‘922 patent and the ‘501 patent.  See our January 24, 2013 post for more details.


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By Eric Schweibenz
|
Sep
24
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 joined the USITC as an Administrative Law Judge (ALJ).  Lord will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency's investigations involving unfair practices in import trade.  These investigations most often involve allegations of patent and trademark infringement.


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