ALJ Essex Retires

ALJ Essex Retires

ALJ Essex has retired from the ITC after a decade of service.  News of his retirement was provided in notices issued by Chief ALJ Bullock in investigations previously assigned to ALJ Essex.

Commissioner Kieff to Leave ITC

Commissioner Kieff to Leave ITC

ITC Commissioner F. Scott Kieff has announced that he is leaving the ITC to return to his previous academic position as a professor at the George Washington University Law School.  Kieff’s last day at the ITC will be June 30, 2017.

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain Electronic Devices with Image Processing Systems, Components Thereof and Associated, Inv. No. 337-TA-724 (“Electronic Devices”). In that case the ITC held that post-importation direct infringement of a method claim, without a showing of indirect infringement, could not substantiate a violation of Section 337. But the ITC has recently indicated that it is rethinking its Electronics Devices precedent.