On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no violation with respect to accused products that were rented after importation. The Commission’s decision raises interesting issues with respect to the ITC’s jurisdiction under Section 337.
On February 15, 2017, the Federal Circuit issued its opinion in Organik Kimya v. ITC, No. 15-1774, upholding the ITC’s decision finding Respondent Organik Kimya in default for destroying evidence.
On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing general and limited exclusion orders and cease and desist orders. Of note, the Commission vacated but took no position on the ALJ’s holding that R&D-related expenditures should not be counted toward meeting the domestic industry requirement under subsections A or B of the statute.
Yesterday, the Supreme Court denied Sino Legend’s petition for certiorari of the Federal Circuit’s summary affirmance of the Commission’s decision in Certain Rubber Resins & Processes for Mfg. Same, ITC Inv. No. 337-TA-849 (Feb. 26, 2014). Thus, after almost three years of appeals, and without any substantive analysis by either the Federal Circuit or the Supreme Court, the Commission Opinion has been upheld.
Following up on our November 22, 2016, post, the Commission issued a Notice of its Final Decision in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries For Power Tool Products Containing Same, And Power Tool Products With Lithium-Ion Batteries Containing Same, Inv. No. 337-TA-951. As previously discussed, the oral argument in front of the Commission in this investigation was the first in nearly a decade.
Under 19 C.F.R. § 210.79, the ITC can issue an advisory opinion “as to whether [a] person’s proposed course of action or conduct would violate a Commission exclusion order, cease and desist order, or consent order.” On November 7, 2016, The Office of Unfair Import Investigation (“OUII”) issued its report in Certain Foam Footwear, ITC Inv. No. 337-TA-567 (Advisory Opinion Proceeding) recommending an advisory opinion that the requesters’ products do not violate the Commission’s remedial orders. Of note, the Staff recommended that the scope of the advisory opinion be limited to the products actually named in the requesters’ petition.