Posts Tagged: "International Trade Commission"

A Study on the Representation of Women at the International Trade Commission

The International Trade Commission (ITC) is a popular venue for pursuing claims of patent infringement. Its fast procedural schedules and stringent remedies, including blocking infringing products at the United States border, make it attractive to patent holders. Attorneys who practice at the ITC often specialize in that forum. The primary objective of this article is to explore how the percentage of women ITC practitioners compares to that of men in 2022, as well as to examine the difference in experience levels with respect to women ITC practitioners and male ITC practitioners.

Apple Loses ITC Battle to Masimo Over Pulse Oximeter Technology

The U.S. International Trade Commission on Tuesday issued a Notice of Final Initial Determination (FID) finding that Apple violated Section 337 of the Tariff Act of 1930 by importing and selling in the United States Apple Watches with light-based pulse oximetry technology that infringed claims 24 and 30 of Masimo’s U.S. Patent No. 10,945,648. According to a Masimo press release, Apple first started selling the Apple Watch with a pulse oximeter sensor in 2020 and has continued to use it in subsequent versions of the product since then. The ITC Notice said it found no violation of the asserted claims of four other patents named in Masimo’s complaint.

Failure to Present Base Station Source Code at ITC Dooms INVT’s Appeal Despite New Claim Construction

On August 31, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in INVT SPE LLC v. International Trade Commission (ITC) affirming the ITC’s ruling that Apple and other respondents in a Section 337 investigation did not infringe upon INVT’s patent claims covering wireless communications systems and that there was no Section 337 violation. While the Federal Circuit did side with INVT’s arguments that its patent claims were drawn to device capability and not actual operation, the CAFC opinion, authored by Circuit Judge Raymond Chen, found that INVT did not produce evidence that the accused devices possessed the capability covered by the patent claims.

What to Know About Adjudicating Redesigns Before and After ITC Determinations

Investigations brought under 19 U.S.C. § 1337, commonly known as “Section 337” cases, at the United States International Trade Commission (ITC) have become a go-to enforcement option for patent owners seeking fast, injunction-type relief against infringing imports. It is well known that the ITC issues powerful remedial orders, including (1) exclusion orders, which order United States Customs and Border Protection (Customs or CBP) to exclude infringing imports imported by Respondents or, in some cases, third parties, and (2) cease-and-desist orders, which order Respondents not to import or sell infringing, imported products in the United States. Because ITC remedial orders are broadly written to cover even unadjudicated products that infringe the subject patents, and because such orders are only prospective in nature, it is critical for ITC litigants and their attorneys to understand the available procedures to adjudicate redesigned products.

Federal Circuit Denies Thales’ Request to Bar Philips from Heading to the ITC

The U.S. Court of Appeals for the Federal Circuit today held in a precedential decision that Thales DIS AIS Deutschland GMBH cannot stop Philips from seeking an exclusion order at the International Trade Commission (ITC) to enjoin Thales from importing its products relating to wireless network technology into the United States.