ALJ Finds ITC Remedial Orders Unenforceable

ALJ Finds ITC Remedial Orders Unenforceable

We previously wrote about the uphill battle Respondent Eko Brands faced in an enforcement proceeding after it defaulted in the underlying investigation. The ALJ found during the proceedings that res judicata barred its defenses of non-infringement and invalidity. However, Judge Essex issued an interesting determination this month finding that the Commission’s remedial orders are not enforceable against Eko because Complainant Adrian Rivera and Adrian Rivera Maynez Enterprises (“ARM”) did not properly establish the domestic industry requirement in the underlying investigation. He further found that even if the remedial orders are enforceable, that they should be provisionally rescinded pending final resolution of a district court case.

Can Renting Be a Sale After Importation?

Can Renting Be a Sale After Importation?

We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does not violate Section 337. This week the ITC issued Commissioner Kieff’s concurring additional views which cast doubt on the precedential value of the ITC’s determination.

Renting is Not a Sale After Importation

Renting is Not a Sale After Importation

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.

ITC Scrubs Domestic Industry Holding In Brushes Investigation

ITC Scrubs Domestic Industry Holding In Brushes Investigation

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.

Extraterritorial Misappropriation of Trade Secrets Remains Actionable at ITC

Extraterritorial Misappropriation of Trade Secrets Remains Actionable at ITC

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.