Tag: ITC
No Do-Overs: Refiling a Complaint Won’t Restart the Clock for Mandatory ITC Stays
March 26, 2026
ASCENDIS PHARMA A/S v. BIOMARIN PHARMACEUTICAL INC. Authored by: Jeremy J. Gustrowsky When patent litigation heats up in both the International Trade Commission and federal district court simultaneously, respondents have a statutory right to pause the district court case. But…
Read MoreFederal Circuit Upholds Import Ban on Apple Watch Over Blood Oxygen Sensor Patents
March 19, 2026
APPLE INC. v. ITC Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed the International Trade Commission’s finding that Apple violated Section 337 of the Tariff Act by importing Apple Watch models that infringed patents owned by Masimo Corporation…
Read MoreCourt Dismisses Confidentiality Dispute as Moot After Cat was Already Out of the Bag
February 2, 2026
In Re US (CIT Confidentiality) Authored by: Jeremy J. Gustrowsky The Federal Circuit dismissed an appeal over the disclosure of allegedly confidential business information, ruling that the case was moot because the information had already been public for over two…
Read MoreFederal Circuit Says Trade Commission Can’t Keep Everything Secret
February 2, 2026
In Re US (CIT Redaction) Authored by: Jeremy J. Gustrowsky The U.S. Court of Appeals for the Federal Circuit has affirmed that the International Trade Commission cannot automatically stamp “confidential” on every questionnaire response it receives during trade investigations. The…
Read MoreMissed Deadlines and Defaulted Defendants: Crocs Loses Appeal Over Imitation Clogs
January 8, 2026
CROCS, INC. v. ITC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of timely appeals and the limits of relief when some parties default in trademark disputes at the International Trade Commission (ITC).…
Read MoreFederal Circuit Dismisses Realtek’s Appeal Over ITC Sanctions for Lack of Jurisdiction
June 18, 2025
Realtek Semiconductor Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified the limits of its authority to review certain decisions made by the U.S. International Trade Commission (ITC). The case, Realtek…
Read MoreCourt Clarifies What Counts as “Domestic Industry” for Patent Protection at the ITC
March 5, 2025
Lashify, Inc. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners who manufacture their products overseas, the Federal Circuit in Lashify, Inc. v. International Trade Commission clarified what activities can qualify as a…
Read MorePatent Eligibility for Polycrystalline Diamond Compacts Upheld in Federal Circuit Decision
February 13, 2025
\US Synthetic Corp. v. ITC Authored by: Jeremy J. Gustrowsky In a significant decision for the materials science and drilling industries, the Federal Circuit has reversed a prior ruling by the International Trade Commission (ITC) and found that US Synthetic…
Read MorePlant-Based Albumin Patent Survives Import Challenge at the ITC
February 7, 2025
Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the International Trade Commission’s (ITC) finding that Wuhan Healthgen Biotechnology Corp. infringed Ventria Bioscience Inc.’s U.S. Patent No. 10,618,951,…
Read MorePatent Owners Must Show Investments Tied to Each Patent to Succeed at the ITC
May 8, 2024
Zircon Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky A recent decision highlights the importance of how patent owners present evidence when seeking relief at the International Trade Commission (ITC). In a dispute over electronic stud finders, Zircon…
Read MoreUniversal Electronics Prevails in Patent Dispute Over Smart TV Control Technology
January 19, 2024
Roku, Inc. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of clear patent ownership and substantial domestic investment when enforcing intellectual property rights at the International Trade Commission (ITC).…
Read MoreBiotech Patents Invalidated for Failing to Disclose the Best Mode
March 25, 2010
The Federal Circuit has affirmed an ITC decision finding two asserted patents invalid because they did not satisfy the best mode requirement of 35 U.S.C. §112. The two patents relate to improved methods of producing L-lysine using genetically modified E.…
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