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Total investments in entire licensing program cannot establish domestic industry absent evidence establishing portion of investments that have a nexus to asserted patents

USA - September 28 2012 Addressing the “substantial investment” aspect of the domestic industry requirement under § 337, the U.S. International Trade Commission (ITC) issued a public version of a final opinion, reversing an administrative law judge’s (ALJ’s) initial determination concerning domestic industry, and finding that the Complainant Rambus did not meet its burden under 19 U.S.C. 1337(a)(3)(C).

ITC proposes rule changes to Section 337 practice

USA - August 30 2012 On July 2, 2012, the International Trade Commission (ITC) published a notice of proposed rulemaking in which it proposed to amend its Rules of Practice and Procedure in order to clarify and harmonize certain provisions and to address concerns that have arisen in ITC practice. 

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

USA - 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for rehearing filed by the International Trade Commission (ITC), the U.S. Court of Appeals for the Federal Circuit has withdrawn its prior holding that a losing party in a § 337 investigation may appeal any decided issue adversely decided by the administrative law judge (ALJ) in an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.

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

USA - 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.

Section 337 violation may be based on trade secret misappropriation occurring abroad

USA - October 31 2011 By a 2-1 majority, the U.S. Court of Appeals for the Federal Circuit held that the U.S. International Trade Commission (ITC) properly found a violation of § 337 based on a trade secret misappropriation claim where the alleged improper disclosure occurred entirely within a foreign country.