A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses.
Earlier this week, the ITC announced that, by operation of law, David S. Johanson became Chairman of the Commission on June 17, 2018.
While the ITC rarely issues general exclusion orders, two recent cases illustrate the importance of seeking such relief in appropriate circumstances.
By: Yury Kalish and Vishal Khatri – Thirty nine (39) new Section 337 complaints have been filed at the International Trade Commission (“ITC”) in the first half of fiscal year (“FY”) 2018. The ITC is on pace to have one of the busiest years in its history and if the rate of filings increases slightly, the ITC may even exceed its FY 2016 record of 79 filings in a single year.
Commission Continues Use of Standard Certification Provision Even When Finding That All Accused Products Infringe
By: Daniel Kazhdan, Ph.D. and Vishal Khatri– In a recent Opinion, the Commission continued the practice of including its usual certification provision in the Limited Exclusion Order despite the complainant’s request for a more restrictive certification provision.