by Blaney Harper | Mar 28, 2017 | Complaints, ITC News, Trends
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.
by Blaney Harper | Feb 27, 2017 | Complaints, ITC News, Trends
2016 was a banner year for Section 337 proceedings at the ITC. Sixty new Section 337 related complaints were filed at the ITC—a 50% increase over the previous year. 2016’s tally exceeds the number of complaints in each of the previous four years (2012-2015), and only lags behind the 2011 numbers—the height of the so-called ‘smartphone wars.’
by David Maiorana | Feb 13, 2017 | 100 Day Pilot Program, Complaints, ITC News
As a follow up to our October 20th post, Judge McNamara has issued an Initial Determination pursuant to the 100-day Pilot Program proceeding on domestic industry in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025. Judge McNamara held that Complainant Silicon Genesis Corp. has contingently established the economic prong of domestic industry.
by Vishal Khatri | Jan 27, 2017 | Complaints, Trends
As we’ve previously reported here, 2016 saw a significant increase of ITC Section 337 investigations over prior years. The last complaint of the year was filed on December 30, 2016, by Lifetime Products, Inc. (“Lifetime” or “Complainant”) against Russell Brand LLC d/b/a Spalding (“Russell”) and Reliable Sports Equipment (Wujiang) Co. Ltd (“Reliable”) (collectively, “Respondents”). In the Matter of Certain Basketball Backboard Components and Products Containing the Same, Complaint 337-TA-____ (Dkt. 3191). Lifetime is asking ITC to issue a Limited Exclusion Order (LEO) and permanent cease and desist orders against the Respondents.
by Vishal Khatri | Jan 24, 2017 | Complaints, Trends
While 2016 saw numerous changes at the International Trade Commission (ITC), the number of asserted patents in an investigation was not one of them. In 2016, the vast majority of Complainants continued the trend of asserting five or fewer patents.
by Blaney Harper | Jan 18, 2017 | Complaints, Evidentiary Issues, Motions
On January 13, Judge Lord issued the public version of Order 50 in Certain Semiconductor Devices, Semiconductor Device Packages, And Products Containing Same, Inv. 337-TA-1010, granting-in-part Respondents’ motion to compel production of factual materials underlying pre-suit testing.
