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Federal Circuit clarifies ITC domestic industry requirement for non-practicing entities

McDermott Will & Emery
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USA
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January 31 2013

In an opinion that further reinforces the authority of the U.S. International Trade Commission's (ITC) to conduct Section 337 investigations

Six-year-long ITC investigation concludes with finding of obviousness

McDermott Will & Emery
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USA
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December 27 2012

After a protracted investigation that involved two separate appellate opinions, the U.S. Court of Appeals for the Federal Circuit affirmed a final

ALJ Rogers grants Sony's opposed motion for termination based on a consent order

McDermott Will & Emery
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USA
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September 11 2012

On September 5, 2012, ALJ Pender granted respondents Sony Corporation and Sony Corporation of America’s (collectively “Sony”) motion for termination of Inv. No. 337-TA-807, Certain Digital Photo Frames and Image Display Devices and Components Thereof, based upon entry of a consent order

ALJ Pender strikes portions of Apple's pre-hearing brief in Inv. No. 337-TA-808

McDermott Will & Emery
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USA
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September 11 2012

On September 5, 2012, ALJ Pender granted HTC Corp.’s (“HTC”) motion to strike portions of Apple Inc.’s (“Apple”) Pre-Hearing Brief for failure to comply with Ground Rule 9.2 in Inv. No. 337-TA-808, Certain Electronic Devices with Communication Capabilities, Components Thereof, and Related Software

Inv. No. 337-TA-840 terminated based on settlement

McDermott Will & Emery
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USA
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September 11 2012

On September 7, 2012, ALJ Rogers granted complainant Microchip Technology Incorporated, and respondents Intersil Corporation, Zilker Labs LLC, and Techwell LLC’s joint motion to terminate Inv. No. 337-TA-840, Certain Semiconductor Integrated Circuit Devices and Products Containing the Same, in its entirety based on a settlement agreement

Commission to review in part the final ID in Inv. no. 337-TA-746

McDermott Will & Emery
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USA
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September 1 2012

On August 24, 2012, the Commission issued a Notice of its decision to review in part the final initial determination finding no violation of Section 337 in Inv. No. 337-TA-746, Certain Automated Media Library Devices, involving Overland Storage and Respondents BDT AG and its affiliates

Commission issues opinion on domestic industry in Inv. no. 337-TA-753

McDermott Will & Emery
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USA
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September 1 2012

On August 17, 2012, the Commission issued its public opinion in Inv. No. 337-TA-553, In the Matter of Certain Semiconductor Chips and Products Containing the Same

The Federal Circuit withdraws its prior holding concerning the appealability of issues that are “noticed” but not reviewed by the ITC

McDermott Will & Emery
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USA
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July 31 2012

In response to a petition for rehearing filed by the International Trade Commission (ITC), the U.S. Court of Appeals for the Federal Circuit has withdrawn its prior holding that a losing party in a 337 investigation may appeal any decided issue adversely decided by the administrative law judge (ALJ) in an Initial Determination (ID), regardless of whether the ITC actually addresses the issue upon its review in a Final Determination

ALJ Gildea sets procedural schedule in Inv. No. 337-TA-834

McDermott Will & Emery
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USA
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May 7 2012

On May 7, 2012, ALJ Gildea issued an order setting the procedural schedule in Inv. No. 337-TA-834, Certain Mobile Electronic Devices Incorporating Haptics

Issues from an initial determination that are “noticed” but not reviewed by the ITC may be appealed to the Federal Circuit

McDermott Will & Emery
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USA
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March 30 2012

The U.S. Court of Appeals for the Federal Circuit has held that a losing party in a Section 337 investigation may appeal any adversely decided issue, regardless of whether the International Trade Commission (ITC) actually addresses the issue upon review in its Final Determination

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