by Jones Day's ITC Litigation Team | Mar 5, 2018 | Domestic Industry, Initial Determinations
In a recent Initial Determination (“ID”), Chief Administrative Law Judge Bullock held that the “greater weight of authority” supports the conclusion that investments in discontinued products can form the basis for an existing domestic...
by Jones Day's ITC Litigation Team | Feb 16, 2018 | Domestic Industry, Initial Determinations, ITC Rulemaking
In a recent Order setting the procedural schedule for a 100-Day Pilot Program proceeding, Judge Lord provided a helpful outline for proofs necessary to establish the economic prong of domestic industry. Certain Solid State Storage drives, Stacked...
by Jones Day's ITC Litigation Team | Nov 28, 2017 | Commission Opinions, Domestic Industry, Exclusion Orders, Trademark / Trade Dress
The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need not be defined by the...
by Jones Day's ITC Litigation Team | Oct 18, 2017 | Domestic Industry, Initial Determinations
In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively, “Fujifilm”) motion to strike...
by Jones Day's ITC Litigation Team | Mar 7, 2017 | Domestic Industry, Initial Determinations, Licensee-Based Domestic Industry
As a follow up to our previous post, Judge McNamara has issued the public version of her 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...
by Jones Day's ITC Litigation Team | Feb 8, 2017 | Commission Opinions, Domestic Industry, Exclusion Orders
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...