ITC’s Trademark Decisions Are Not Entitled To Preclusive Effect
Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019). The Court reached its conclusion...
Commission Reverses Initial Determination’s Finding of No Direct Infringement
[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...
Federal Circuit Asserts Jurisdiction to Review ITC’s Non-Institution Decision
In a long-awaited decision, a split panel of the Federal Circuit confirmed on May 1, 2019, that the Court has jurisdiction to review the ITC’s decision not to institute an investigation. Amarin Pharma, Inc. v. Int’l Trade Comm’n, No....
Commission Defers to PTAB’s Invalidation of a Single Claim in an Otherwise Blanket Affirmance of the ALJ’s Initial Determination
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...
Product Prototype Built Abroad Satisfies Domestic Industry Requirement
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...