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 | 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 | Sep 26, 2019 | Initial Determinations, Motion Practice
A recent Initial Determination (“ID”) by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation “toothless” since relief was not practicable before the patents would expire. Certain...
by Jones Day's ITC Litigation Team | May 13, 2019 | Commission Opinions, Infringement, Initial Determinations
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] In an earlier post related to this investigation (here), we discussed the ITC’s recommendation that a general exclusion order issue for products infringing Complainant National Products...
by Jones Day's ITC Litigation Team | Apr 25, 2019 | Commission Opinions, Initial Determinations, Invalidity
The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25, 2019). This investigation...
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...
