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Discontinued Products Count Towards Domestic Industry

Discontinued Products Count Towards Domestic Industry

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...
Discontinued Products Count Towards Domestic Industry

ALJ Provides Domestic Industry Proof Outline

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...
Discontinued Products Count Towards Domestic Industry

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

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...
Discontinued Products Count Towards Domestic Industry

ALJ Finds Violation in Mobile Device Holders Investigation

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...
Discontinued Products Count Towards Domestic Industry

ALJ: Complainant Can Rely Entirely On Licensee’s Activities For DI Requirement

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...
Discontinued Products Count Towards Domestic Industry

ITC Scrubs Domestic Industry Holding In Brushes Investigation

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...
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