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Category Archives: ITC

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ITC Announces Exclusion Order Study

Posted in ITC
Yesterday's Federal Register included a public notice indicating the U.S. International Trade Commission's ("ITC") intention to solicit input from complainants who obtained exclusion orders from the ITC following proceedings under 19 U.S.C. § 1337 ("Section 337")… Continue Reading

ITC Finds That a “Pattern of Circumvention” is not Required Under Section 337(d)(2) to Obtain a General Exclusion Order

Posted in ITC
The International Trade Commission (the "ITC") recently issued its opinion in Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV), Inv. No. 337-TA-776. The ITC opinion addressed whether the complainant had established the facts necessary for a finding of circumvention of a Limited Exclusion Order to justify the issuance of a General Exclusion Order. The ITC ultimately issued the General Exclusion Order sought by the complainant, disagreeing with the findings of the Administrative Law Judge and the recommendation of the Commission Investigative Staff… Continue Reading

GPX Intl. Tire Corp. v. U.S: Federal Circuit Affirms ITC

Posted in ITC
Last week in GPX Intl. Tire Corp. v. U.S., the Federal Circuit decided whether both antidumping and countervailing duties may be imposed on a non-market economy ("NME") country like China. The Federal Circuit affirmed the International Court of Trade's ("ITC") ruling that countervailing duty law does not apply to an NME country, but for different reasons than the ITC. Earlier, the ITC had reasoned that the U.S. Department of Commerce's ("Commerce") 2007 interpretation of the law was "unreasonable" because of the high probability of "double counting." Alternatively, the Federal Circuit came to its decision by looking at the statute's Congressional intent. Specifically, when Congress amended and reenacted countervailing duty law in 1988 and 1994, the Federal Circuit concluded that government payments could not be characterized as "subsidies" in an NME context. Therefore, countervailing duty law does not apply to NME countries… Continue Reading

Litigation Expenses Alone Insufficient to Satisfy “Domestic Industry” Requirement Says ITC and Federal Circuit Affirms

Posted in ITC, Patent
Earlier this week the Federal Circuit affirmed an International Trade Commission ("ITC") decision by refusing to find a patent owner complainant's litigation expenses satisfied the "domestic industry" requirement of 19 U.S.C § 337. The Court's decision in John Mezzalingua Assocs. (d/b/a PPC, Inc.) v. International Trade Comm'n, 2010-1536 (Fed. Cir. October 4, 2011) is a blow to ITC complainants, in particular, non-practicing entities intent on relying solely on patent litigation expenses to establish the domestic industry requirement of § … Continue Reading
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