ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders.  Of note, the Commission clarified that the “industry” for unregistered trade dress need not be defined by the subheadings in 19 U.S.C. § 1337(a)(3) like they are in a patent-based or registered trademark-based investigation.

ITC Remains Unpersuaded by Final PTAB Rulings

ITC Remains Unpersuaded by Final PTAB Rulings

This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders.  In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC issued a short order denying a petition for such relief.  In the Order, the ITC cited its precedent in Certain Network Devices, Related Software and Components (II), Inv. No. 337-TA-945, Order (Sept. 11, 2017) which we discussed here.