by Jones Day's ITC Litigation Team | Mar 19, 2020 | Domestic Industry
In a recently issued Commission Opinion, the ITC affirmed ALJ Bullock’s application of the Federal Circuit’s rule that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the economic prong of the...
by Jones Day's ITC Litigation Team | Jan 23, 2020 | Domestic Industry, Importation Requirement, Initial Determinations
In a recently issued Initial Determination, ALJ McNamara ruled that beer containers imported into the U.S. satisfied the domestic industry requirement when the Complainants were able to show significant domestic value-add. Certain Beverage Dispensing...
by Jones Day's ITC Litigation Team | Apr 16, 2019 | Domestic Industry, Initial Determinations
On February 14, 2019, the U.S. International Trade Commission (“ITC”) issued an Initial Determination (“ID”) in the matter of Certain Road Construction Machines and Components Thereof, Inv. 337-TA-1088. In the ID, ALJ Lord...
by Jones Day's ITC Litigation Team | Jan 11, 2019 | Domestic Industry, Exclusion Orders, General Exclusion Orders, Infringement
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] A recent initial determination (“ID”) from the ITC resulted in a general exclusion order for products infringing several patents belonging to Complainant National Products Inc....
by Jones Day's ITC Litigation Team | Nov 16, 2018 | Domestic Industry
In a recent opinion, the International Trade Commission (“ITC”) held that economic investments and activities related to patented pre-commercial and non-commercial articles can meet Section 337’s domestic industry requirement. Certain...
by Jones Day's ITC Litigation Team | Aug 6, 2018 | Domestic Industry
In a recent decision, the Commission overruled the ALJ to clarify, and ultimately expand, the universe of investments that complainants can use to meet the economic prong of the domestic industry (“DI”) requirement. Certain Solid State Storage...
