By: Yury Kalish and David Maiorana – Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018 and will go into effect 30 days later.
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.
By: Daniel Kazhdan, Ph.D. and Vishal Khatri – On April 2, 2018, Jason E. Kearns was sworn in as the newest Commissioner at the International Trade Commission (“ITC”).
By: Yury Kalish and Vishal Khatri – Chairman Rhonda Schmidtlein announced that Judge Clark S. Cheney has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge (“ALJ”). ALJ Cheney joins ALJs Bullock, Pender, Shaw, Lord, and McNamara. He is the first new ALJ to join ITC since the retirement of ALJ Essex in August 2017.
Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues relating to post-importation inducement and distinctions between induced and contributory infringement. Certain Digital Video Receivers And Hardware And Software Components Thereof, Inv. No. 337-TA-1001, Commission Opinion (December 6, 2017).
As we have previously posted, the ITC currently has two open Commissioner positions after the exits of Commissioners Kieff and Pinkert earlier this year. On September 28, 2017, President Trump announced his nomination of Dennis M. Devaney and Randolph J. Stayin to fill these vacancies. These nominations come with the ITC operating with only four out of six Commissioners and a historically high Section 337 caseload.