Kenyon & Kenyon: Federal Circuit Rules That Losing Parties May Appeal Any Issue Noticed For Review By The ITC

By Marcia H. Sundeen , T. Cy Walker , Aimee N. Soucie and Bryan Nese The Federal Circuit's recent decision in General Electric Co. v. Int'l Trade Comm'n , No. 2010-1223 (Feb. 29, 2012) [ enhanced version available to lexis.com subscribers ] vindicates the right of a losing party...

Brinks Hofer Gilson & Lione: U.S. International Trade Commission Clarifies that the Economic Prong of the Domestic Industry Requirement Under 19 U.S.C. Sections 1337(a)(3)(A) and (B) can be Satisfied on a Product-By-Product Basis

On June 8, 2012, the U.S. International Trade Commission issued the public version of its April 27, 2012, Opinion in Certain Ground Fault Circuit Interrupters and Products Containing Same, Inv. No. 337-TA-739. This investigation was instituted on October 8, 2010, based on a complaint filed by Leviton...

Motorola Escapes Microsoft by Ducking Under ITC Domestic Industry Requirement

In Microsoft Corp. v. International Trade Commission [ an enhanced version of this opinion is available to lexis.com subscribers ], the Federal Circuit upheld the ITC’s determination that Microsoft had failed to establish that there was a “domestic industry” relating to three of four...