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.

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.

ITC Proceedings Do Not Trigger One Year Clock to File IPR

ITC Proceedings Do Not Trigger One Year Clock to File IPR

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the ITC does not stay their proceedings in view of IPR institution. Recent decisions by the Patent Trial and Appeal Board (PTAB) bring to light another distinguishing feature of taking a patent dispute to the ITC – it will not start a one-year clock to file an IPR request.

ITC Reschedules Oral Argument

ITC Reschedules Oral Argument

As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in nearly ten years. In a Notice issued March 3, 2017, the Commission rescheduled the date for oral arguments to April 20, 2017 in order to seek further written submissions from the public.