Federal Circuit Cases Involving the ITC
By John Presper and Alec Royka
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Sep
22

On September 17, 2021, the U.S. Court of Appeals for the Federal Circuit issued its opinion affirming the ITC’s finding of a violation of section 337 in Certain Human Milk Oligosaccharides and Methods of Producing the Same (Inv. No. 337-TA-1120).


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By John Presper
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Apr
30
On April 29, 2021 the the U.S. Court of Appeals for the Federal Circuit issued its opinion affirming the ITC’s finding of a violation of section 337 in Certain Microfluidic Systems, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1100).
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By John Presper
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Mar
16
On March 15, 2021, the U.S. Court of Appeals for the Federal Circuit issued its opinion affirming-in-part the ITC’s finding of a violation of section 337 in Certain Road Milling Machines and Components Thereof (Inv. No. 337-TA-1067).
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By John Presper
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Feb
18
On February 15, 2021 the U.S. Court of Appeals for the Federal Circuit granted an interim stay of the ITC’s remedial orders in Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same (Inv. No. 337-TA-1145) while the court considers a motion for a stay pending appeal.
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By John Presper
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Feb
02
On December 18, 2020 the Federal Circuit issued its Opinion in Caterpillar Inc. et al. v. Int’l Trade Comm’n, No. 2019-2306. This was an appeal from the Commission’s ruling in Certain Road Construction Machines and Components Thereof (Inv. No. 337-TA-1088) that certain claims of U.S. Patent No. 7,140,693 (“the ’693 patent”) were invalid under pre-AIA 35 U.S.C. § 102(b) because of an on-sale bar.
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By Eric Schweibenz and John Presper
|
Sep
12
On September 11, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a judgment without opinion affirming the decision of the International Trade Commission (“the Commission”) in Viraj Profiles Limited v. ITC (2016-2482). This was an appeal from the Commission’s issuance of an exclusion order against Respondent Viraj Profiles Ltd. (“Viraj”). The underlying investigation is Certain Stainless Steel Products, Certain Processes for Manufacturing or Relating to Same, and Certain Products Containing Same (Inv. No. 337-TA-933).

By way of background, this investigation was based on a complaint filed by Valbruna Slater Stainless, Inc., Valbruna Stainless Inc., and Acciaierie Valbruna S.p.A. (collectively, “Valbruna”) alleging violation of Section 337 in the importation into the U.S. and sale of certain stainless steel products manufactured using Valbruna’s allegedly stolen trade secrets. See our September 8, 2014 and October 9, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Alex Englehart
|
Jun
22
On June 13, 2017, the U.S. Court of Appeals for the Federal Circuit issued its nonprecedential opinion in Garmin Int’l., Inc. v. ITC (2016-1572). This was an appeal from the U.S. International Trade Commission’s (“the Commission”) final determination finding, inter alia, that Garmin International, Inc., Garmin USA, Inc., and Garmin Corp. (collectively, “Garmin”) infringe certain claims of U.S. Patent Nos. 8,305,840 (the ’840 patent) and 8,605,550 (the ’550 patent) and that such claims are not invalid. The underlying investigation is Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921). See our July 11, 2014 post for more details on the underlying investigation.

By way of background, the underlying investigation is based on a June 9, 2014 complaint filed by Navico, Inc. and Navico Holding AS (collectively, “Navico”) alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging devices that allegedly infringe one or more claims of the ’840 patent, the ’550 patent, and U.S. Patent No. 8,300,499. On December 1, 2015, the Commission issued its final determination finding that Garmin’s DownVü products infringe certain claims of the ’840 and ’550 patents. The Commission further found that many of the asserted claims of the ’840 and ’550 patents are not invalid as obvious over a 1960 article by Tucker entitled “Narrow-beam echo-ranger for fishery and geological investigations” (“Tucker”) and U.S. Patent No. 7,652,952 to Betts (“Betts”).
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By Eric Schweibenz and Lisa Mandrusiak
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Jun
21
On June 12, 2017, the U.S. Court of Appeals for the Federal Circuit issued its precedential opinion in One-E-Way, Inc. v. ITC (2016-2105). This was an appeal from the International Trade Commission’s (“the Commission”) determination finding no violation of Section 337 in Certain Wireless Headsets (Inv. No. 337-TA-943).

By way of background, this investigation is based on a December 8, 2014 complaint filed by One-E-Way, Inc. (“OEW”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless headsets that infringe one or more claims of U.S. Patent Nos. 7,865,258 and 8,131,391. See our January 8, 2015 and January 14, 2015 posts for more details on the complaint and notice of investigation, respectively.
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By Eric Schweibenz and Lisa Mandrusiak
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Jun
20
On May 23, 2017, the U.S. Court of Appeals for the Federal Circuit issued its precedential opinion in Adrian Rivera et al. v. ITC (2016-1841). This was an appeal from the International Trade Commission’s (“the Commission”) determination finding no violation of Section 337 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the investigation is based on an August 4, 2014 complaint filed by ARM Enterprises, Inc. and Adrian Rivera (“Rivera”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320 (“the ’320 patent”). See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Sasha Rao
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Jun
19
On June 13, 2017, the U.S. Court of Appeals for the Federal Circuit issued its non-precedential opinion in Navico Inc. v. ITC, 2016-1533. This was an appeal from the U.S. International Trade Commission’s (“the Commission”) final determination in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921).

By way of background, the underlying investigation is based on a June 9, 2014 complaint filed by Navico, Inc. and Navico Holding AS (collectively, “Navico”) alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging devices that allegedly infringe one or more claims of U.S. Patent Nos. 8,305,840 (the ’840 patent), 8,300,499 (the ’499 patent), and 8,605,550 (the ‘550 patent). See our July 11, 2014 post for more details on the underlying investigation. On December 1, 2015, the Commission issued its final determination reversing the Initial Determination’s primary claim construction and finding a violation of Section 337 by Garmin International, Inc. and Garmin USA, Inc. (collectively, “Garmin”) and others based on infringement of certain claims of the ’840 and ’550 patents. The Commission issued a limited exclusion order and CDOs directed at Garmin. On August 18, 2016, the Commission issued a modified limited exclusion order clarifying that certain components being imported by Garmin are covered by the original limited exclusion order. On appeal, the Federal Circuit affirmed the Commission’s Final Determination on the issues of (1) contributory infringement, (2) invalidity of the ’550 patent, and (3) claim construction in the ’499 patent.
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