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Archive for the ‘International Trade Commission’ Category

Popular Samsung Phones under Investigation for Patent Infringement

By Asher Lowenstein – Edited by Saukshmya Trichi

The US International Trade Commission has instituted an investigation of patent infringement involving some of Samsung’s most popular smartphones. ITC will have to decide whether it is in the public interest to ban a major producer from selling its phones in the US.


Posted On Oct - 20 - 2014 Comments Off READ FULL POST

ITC’s review of an ALJ’s order was not procedurally sound
By Mengyi Wang – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Federal Circuit unanimously vacated and remanded a decision of the International Trade Commission (“ITC”), finding that the ITC exceeded its authority in reviewing an administrative law judge’s (“ALJ”) order denying a motion for termination. In so holding, the Court rejected the ITC’s attempt to characterize the ALJ’s decision as an initial determination, which would be subject to review.


Posted On Jul - 28 - 2014 Comments Off READ FULL POST

Federal Circuit Limits the ITC’s Authority to Address Post-Importation Induced Infringement
By Mary Schnoor  – Edited by Mengyi Wang

In Suprema v. ITC, the Federal Circuit vacated and remanded the ITC’s finding of induced infringement of a method patent when direct infringement occurred only after the imported product, a fingerprint scanner, was combined with software by a customer within the United States. The Federal Circuit concluded that the ITC’s authority to block “articles that . . . infringe” only applies when the articles being barred directly infringe a U.S. patent at the time of importation.


Posted On Mar - 18 - 2014 Comments Off READ FULL POST

Supreme Court Denies Nokia Relief from ITC Import Ban
By James Grace – Edited by Ashish Bakshi

Interdigital Commc’ns, LLC v. Int’l Trade Comm’n

The Supreme Court denied Nokia’s petition for a writ of certiorari, upholding the Federal Circuit’s finding that Nokia had violated Section 337 of the Tariff Act of 1930 by importing into the U.S. cell phones that violated two U.S. patents owned by InterDigital. In denying the petition without comment, the Supreme Court did not address whether “licensing alone” could satisfy the “domestic industry” requirement of Section 337.


Posted On Oct - 26 - 2013 Comments Off READ FULL POST

Obama Administration Vetoes ITC Ban on Sale and Import of Older Apple Products
By Simon Heimowitz – Edited by Kathleen McGuinness

The Obama administration vetoed an International Trade Commission (“ITC”) exclusion order that had effectively banned the importation of some older models of the iPhone and iPad. The ITC issued the order after finding that Apple had infringed one of Samsung’s standard-essential patents. The US Trade Representative noted that the veto was made after taking into account the “effect on competitive conditions in the U.S. economy and the effect on U.S. consumers.”


Posted On Sep - 14 - 2013 Comments Off READ FULL POST
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