by Jones Day's ITC Litigation Team | Jun 8, 2020 | Importation Requirement, Infringement
[co-author: Charles Lee] A recent opinion by the ITC reiterates that a violation of Section 337 can be based on infringement of a method claim that occurs after importation of the relevant article(s). Certain Blood Cholesterol Testing Strips and Associated Systems...
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 | Oct 28, 2019 | Importation Requirement, Remedial Orders
From a conceptual standpoint, one might think there is a difference between selling an item and charging for a leased item that was never returned. However, a recent decision from the ITC held that charging fees for unreturned rental equipment qualifies...
by Jones Day's ITC Litigation Team | Feb 22, 2019 | Enforcement Proceedings, Exclusion Orders, Importation Requirement, Remedial Orders
The ITC recently issued a Seizure and Forfeiture Order in response to an attempted importation of “ink cartridges and components thereof” subject to a General Exclusion Order (“GEO”) issued May 26, 2016. Certain Ink Cartridges...
by Jones Day's ITC Litigation Team | May 18, 2018 | Importation Requirement, Pharmaceutical
Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission (“ITC”) might be able to enter the fray too. On April 18, 2018, the ITC issued a notice instituting an investigation...
by Jones Day's ITC Litigation Team | May 23, 2017 | Importation Requirement, Infringement
Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain Electronic Devices with...
