Commission Opinions
By John Presper
|
Nov
22

On November 18, 2021, the International Trade Commission issued the public version of its opinion affirming a finding of non-infringement in Certain Cloud-Connected Wood-Pellet Grills and Components Thereof (Inv. No. 337-TA-1237).


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By John Presper
|
Nov
15

On November 10, 2021, the ITC issued a notice of its final determination finding a violation of section 337 in Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof (Inv. No. 337-TA-1200)


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By John Presper and Alec Royka
|
Nov
05

On October 28, 2021, the Commission issued the public version of its opinion vacating the initial determination (“ID”) in Order No. 10 with respect to the economic prong of the domestic industry requirement in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1196).


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By John Presper
|
Nov
04

On October 29, 2021, the Commission issued the public version of its opinion affirming, with modifications, the final initial determination (“ID”) of no violation of section 337 in Certain Foodservice Equipment and Components Thereof (Inv. No. 337-TA-1166) based on a lack of domestic industry.

By way of background this investigation was based on a May 30, 2019 complaint filed by Illinois Tool Works, Inc. of Glenview, Illinois; Vesta Global Limited of Hong Kong; Vesta (Guangzhou) Catering Equipment Co., Ltd. of China; and Admiral Craft Equipment Corp. of Westbury, New York (collectively, “Complainants”) alleging violations of section 337 by five Chinese respondents that import and/or sell in the U.S. certain commercial kitchen equipment and components thereof for use in restaurants, bars, cafes, cafeterias, etc. whose manufacture involves the misappropriation of trade secrets and unfair competition through tortious interference with contractual relationships.  On June 4, 2021, Chief ALJ Charles E. Bullock issued the ID finding no violation of section 337 based primarily on his conclusion that Complainants failed to establish the existence of a domestic industry.  See our June 9, 2021 post for more details regarding the ID.

According to the opinion, the Commission agreed with the ID in finding that Complainants’ investments in warranty service activities that they perform themselves in the U.S. may be credited towards the existence of a domestic industry.  Regarding payments made by Complainants to third parties for warranty services provided in the U.S., Respondents and the Commission Investigative Staff (“OUII”) argued that the ID erred by including these expenditures because (1) Complainants did not show that such activities are distinguishable from the activities of a mere importer, and (2) Complainants did not show what portions of the payments to third parties went to qualifying activities by the third parties.  The Commission noted that it has permitted qualifying payments to third parties (such as contractor payments) for warranty services in some prior investigations, but took no position as to either argument because it found that even if the payments to third parties in this investigation are included in their entirety, the Commission agreed with the ID that “Complainants have not shown that the minimal investments in the domestic industry by these entities are quantitatively or qualitatively significant.”  In particular, the ID found (and the Commission agreed) that “Complainants’ estimation of the size of the relevant marketplace is unreliable, and that the only reliable contextual analysis offered in the record was offered by Respondents’ expert, Dr. Vander Veen.”


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By John Presper
|
Oct
17

On October 4, 2021, the ITC issued a notice of violation of section 337 and general exclusion order (“GEO”) in Certain Balanced Armature Devices, Products Containing Same, and Components Thereof (Inv. No. 337-TA-1186).


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By John Presper and Elissa Sanford
|
Aug
07
On July 27, 2021, the ITC issued the public version of its opinion finding no violation of section 337 in Certain Mobile Devices with Multifunction Emulators (Inv. No. 337-TA-1170).
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By John Presper
|
Aug
05
On August 3, 2021, the Commission issued a notice of its final determination finding a violation of section 337 and issuance of a general exclusion order in Certain High-Density Fiber Optic Equipment and Components Thereof (Inv. No. 337-TA-1194).
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By John Presper and Elissa Sanford
|
Jul
19
On July 9, 2021 the ITC issued the public version of its opinion in Certain Bone Cements and Bone Cement Accessories (Inv. No. 337-TA-1175) finding no violation of section 337 by reason of misappropriation of trade secrets, false advertising, or tortious interference.
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By John Presper
|
May
20
On May 18, 2021 the ITC issued the public version of its opinion in Certain Collapsible and Portable Furniture (Inv. No. 337-TA-1178). According to the opinion, the Commission determined that there was no violation of section 337 and terminated the investigation.
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By John Presper and Alec Royka
|
Mar
25
On March 17, 2021, the ITC issued the public version of its opinion reversing ALJ Cameron R. Elliot’s initial determination (“ID”) that Complainant Universal Electronics, Inc. (“UEI”) lacked standing to assert U.S. Patent No. 10,593,196 (“the ’196 patent”) in Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof (Inv. No. 337-TA-1200).
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