Posts Tagged: International Trade Commission


ITC Issues Limited Exclusion Order on Botox Products, Partially Reverses Trade Secret Finding

In September, the International Trade Commission (ITC) decided to review an initial final determination (FID) in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or …
By Eileen McDermott
1 month ago 2

Congress, the ITC and the Biden Administration Must Move Forward to Stop Samsung’s IP Abuse

Last week, years of arguing and contention came to an end. The fight I’m referring to was not a political campaign, but that doesn’t make …
By John Michaelson
2 months ago 11

ITC Decision to Review Final Initial Determination in Botox Case Could Have Big Implications for Trade Secrets

Last week, the United States International Trade Commission (ITC) issued a notice in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same …
By Rebecca Tapscott
4 months ago 0

Could COVID-19 Counterfeit Concerns Get Congress to Move Towards Passage of the Counterfeit Goods Seizure Act?

In late July, water bottle maker Hydro Flask and parent company Helen of Troy Limited filed a complaint with the U.S. International Trade Commission (ITC) asking …
By Steve Brachmann
4 months ago 1

Federal Circuit Affirms ITC Refusal to Rescind Exclusion Order Due to Assertion of Patent Invalidity

Last week, the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the U.S. International Trade Commission in Mayborn Group, Ltd. v. …
By Rebecca Tapscott
6 months ago 2

Comcast’s Lobbying Won’t Dilute the ITC’s Enforcement Authority

Late last month, TiVo won its second intellectual property battle with Comcast at the International Trade Commission (ITC) and is poised to win a third ruling this …
By Christopher Smithmyer
8 months ago 2

Federal Circuit’s Ruling Against Comcast Highlights Significance of ITC for Patent Owners

As IPWatchdog reported last week, on March 2, in what can only be characterized as the most significant crackdown against patent evasion in a generation, TiVo Corporation won …
By James Skyles
10 months ago 3

Federal Circuit Upholds ITC Limited Exclusion Order Against Comcast

The U.S. Court of Appeals for the Federal Circuit has upheld an International Trade Commission (ITC) ruling granting a limited exclusion order that bars importation of …
By Eileen McDermott
11 months ago 0

The Impact of Overturning eBay v. MercExchange

At a time when most policymakers rightly argue that China and other countries need to do more to clamp down on intellectual property infringement, overturning the four-factor …
By Evan Langdon
11 months ago 91

Ranking the Top ITC Firms and Attorneys

Last month, we released our first ITC Intelligence Report. For the first time, we ranked ITC law firms and attorneys based on their performance and activity. Our …
By Pedram Sameni
11 months ago 2

Why eBay v. MercExchange Should, But Won’t, Be Overruled

As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
By Gene Quinn
11 months ago 51

Obtaining Injunctions Under eBay Versus at the International Trade Commission

Prior to the Supreme Court’s decision in eBay v. MercExchange, 547 US 388 (2006), it was fairly routine for a victorious patent owner who prevailed on a finding of …
By Evan Langdon & Gene Quinn
12 months ago 34

Review of Key 2019 Trade Secret Decisions and Trends (Part II)

Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that …
By Peter J. Toren
12 months ago 0

CAFC Reverses ITC, Vacates Exclusion Orders Against Garage Door Opener Products

On Thursday, December 12, the U.S. Court of Appeals for the Federal Circuit issued a decision in Techtronic Industries Co. Ltd. v. International Trade Commission in which …
By Steve Brachmann
1 year ago 13

How Businesses Can Prepare for ITC Exclusion Orders: Section 337 Investigations on the Rise

Patent investigations at the International Trade Commission (ITC) have been on an upward trend in the last few years. In 2018, the most recent year with complete data, 74 …
By Jonathan Link
1 year ago 1