LexisNexis® Legal Newsroom
ITC Administrative Ruling of Non-Infringement in a 337 Patent Case Given Preclusive Effect by District Court

Any residual sense that the International Trade Commission (ITC) rulings on patent infringement are of lesser import than those of the District Courts should be dispelled forthwith, and clients advised accordingly. While it is true that res judicata (claim preclusion) and collateral estoppel (issue...

Sunstein, Kann, Murphy, & Timbers: When Trade Secrets Are Stolen Overseas, Can the Thief Compete in the U.S.?

By Thomas Carey , Chair of the Business Practice Group The International Trade Commission (ITC) may ban the import of items made abroad using improperly obtained trade secrets even if the trade secrets are no longer in use in the United States. So says the Federal Circuit, which applied U.S. trade...

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: Federal Circuit Clarifies Rights of Appeal of International Trade Commission Decisions

On February 29, 2012, the Federal Circuit issued a precedential opinion in General Elec. Co. v. Int'l Trade Comm'n , No. 2010-1223 (Fed. Cir. Feb. 29, 2012) [ enhanced version available to lexis.com subscribers ]. This was an appeal by General Electric ("GE") of a decision by the International...

Green Patent Blog: Federal Circuit Shunts Aside ITC Ruling as GE Wins Domestic Industry Appeal

A previous post discussed Mitsubishi's win over GE in the U.S. International Trade Commission (USITC) case involving three of GE's variable speed turbine patents, one front of the competitors' major wind patent litigation. The accused products in that case are Mitsubishi's models MWT...

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...

Patents Post-Grant: New Post Grant Patent Trials to Derail Parallel ITC Actions?

Congress Mandates Speed, Extends Stautory Estoppel to ITC The new post grant patent trials of the America Invents Act (AIA) are designed to provide a true alternative to patent litigation. That is to say, current patent reexamination proceedings are typically pending 4-5 years through appeal, if not...

Duane Morris LLP: ITC Administrative Law Judge Dismisses Case for Lack of Standing

In what is likely to be viewed as an unusual ruling, U.S. International Trade Commission (ITC) Administrative Law Judge (ALJ) David P. Shaw dismissed an investigation for lack of standing. 1 The decision to dismiss is noteworthy because a motion for leave to amend to cure standing deficiencies at the...

Duane Morris LLP: ITC Continues to Set a High Bar for Licensing-Based Domestic Industries

In a recent case, the U.S. International Trade Commission (ITC) continued the trend of fine-tuning the requirements for establishing a domestic industry based upon licensing activity. 1 The case was brought by Rambus against various semiconductor manufacturers and their customers. There were two families...

Duane Morris LLP: ITC Administrative Law Judge Rules That Ongoing Royalty Precludes Exclusion Order

In a recent decision that continues the U.S. International Trade Commission's (ITC) evolving jurisprudence on licensing, Administrative Law Judge (ALJ) Theodore R. Essex held that a running royalty awarded in a prior district court case foreclosed relief at the ITC. 1 The complainant at the ITC...

Help for Counsel Practicing before the ITC: § 337 Patent Investigation Management Guide

Many patent owners have gravitated toward the U.S. International Trade Commission's (ITC) policing of unfair trade practices under Section 337 of the Trade Act as District Courts have become bogged down with patent infringement actions, which can take 3 to 5 years to reach the trial stage. To...