ITC Denies Request to Use its Early Disposition Program for Domestic Industry
By: Charles Lee and Vishal Khatri – On March 31, 2020, the ITC issued an order denying Respondents’ request to use the Early Disposition Program. Certain Electronic Candle Products and Components Thereof, Inv. 337-TA-1195. The ITC concluded that the issue of...
ITC Modifies Filing Procedures Due to COVID-19
By Levent Herguner and David Maiorana – On March 16, 2019, the ITC implemented a temporary change to filing procedures in light of the global COVID-19 pandemic. The accompanying notice stated that the ITC will temporarily waive and amend its rules that require the...
Show Me The Money: Only Quantitative Investment Data Can Satisfy the Domestic Industry Requirement
In a recently issued Commission Opinion, the ITC affirmed ALJ Bullock’s application of the Federal Circuit’s rule that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the economic prong of the...
Imported Articles Satisfy the ITC’s Domestic Industry Requirement When Domestic Value-Add is Shown
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...
ITC Invalidates Road Paving Machine Patent for Being An Abstract Idea
In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction Machines &...