by Jones Day's ITC Litigation Team | Jul 31, 2020 | Exclusion Orders, General Exclusion Orders, Infringement
In a recently issued initial determination, the ITC granted summary determination on violation and recommended issuance of a general exclusion order (“GEO”) against respondents after finding that a limited exclusion order (“LEO”) would likely be circumvented,...
by Jones Day's ITC Litigation Team | Jul 8, 2020 | Exclusion Orders, Initial Determinations, Motion Practice, Redesign
In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the asserted patent. After an...
by Jones Day's ITC Litigation Team | Nov 15, 2019 | Commission Opinions, Default, Exclusion Orders
A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was in violation of Section 337...
by Jones Day's ITC Litigation Team | Oct 31, 2019 | Carveout, Exclusion Order Modification, Exclusion Orders, Motion Practice
In a recent Initial Determination (“ID”), ALJ McNamara indicated that the inclusion of a certification provision in the Limited Exclusion Order (“LEO”) was warranted to allow the respondent to import non-infringing redesigns. In re...
by Jones Day's ITC Litigation Team | Oct 10, 2019 | Exclusion Orders, General Exclusion Orders, Infringement
In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a general exclusion order (“GEO”). Certain Self-Anchoring Beverage Containers, Inv. 337-TA-1092, Comm’n Op....
by Jones Day's ITC Litigation Team | Sep 11, 2019 | Evidentiary Issues, Exclusion Orders, General Exclusion Orders, Infringement
In a recent opinion, the ITC found that four defaulting respondents violated section 337 and that a general exclusion order (GEO) was the appropriate remedy for unlicensed products. Certain LED Lighting Devices and Components Thereof, Inv. No....
