International Trade Commission

Federal Circuit, International Trade Commission, Utility Patent

BISSELL v. ITC — Federal Circuit Affirms That Redesigned Tineco Vacuums Do Not Infringe, Clarifies Expert Reliance on Discovery Source Code

The Federal Circuit affirmed the ITC’s finding that Tineco’s redesigned wet-dry vacuum cleaners do not infringe BISSELL’s patents, while also establishing that ITC experts may rely on source code produced in discovery but never formally admitted as a hearing exhibit under FRE 703.

International Trade Commission, Utility Patent

Centripetal Networks v. ITC — Federal Circuit Affirms No Section 337 Violation for Keysight’s Cybersecurity Products After Multiple Waiver Findings

The Federal Circuit affirmed the ITC’s finding that Keysight Technologies did not violate Section 337 by importing cybersecurity products, holding that Centripetal failed to prove its own products practiced the asserted patents and waived multiple infringement arguments on appeal.

Federal Circuit, International Trade Commission, Utility Patent

Roku v. ITC — Federal Circuit Holds Domestic Industry Economic Prong Can Be Satisfied by Investment in Patent-Covered Component Alone

The Federal Circuit affirmed the ITC’s finding that Universal Electronics satisfied the domestic industry requirement under Section 337 based on its investments in QuickSet technology — a patented component integrated into televisions — even though those investments did not cover the entire television product.

International Trade Commission, Trademark, Federal

Converse v. ITC — Federal Circuit Holds Trademark Registration Presumption of Secondary Meaning Applies Prospectively Only

The Federal Circuit held that a trademark registration creates a presumption of secondary meaning only as of the date of registration — not retroactively — requiring Converse to independently prove its Chuck Taylor trade dress had acquired distinctiveness before each infringer’s first infringing use.

Federal Circuit, International Trade Commission

ClearCorrect v. ITC (2015) — Federal Circuit Holds ITC Lacks Jurisdiction Over Electronic Transmissions of Digital Data

The Federal Circuit held that the ITC’s Section 337 jurisdiction covers only physical ‘articles’ and does not extend to electronic transmissions of digital data — blocking the ITC from issuing exclusion orders against competitors that infringe by transmitting digital files over the internet rather than importing physical goods.

Federal Circuit, International Trade Commission

Suprema v. ITC (2015) — En Banc Federal Circuit Holds ITC Can Issue Exclusion Orders for Induced Infringement Completed After Importation

An en banc Federal Circuit held 6-4 that the ITC has jurisdiction to issue exclusion orders for imported products that become ‘articles that infringe’ through induced infringement completed after importation — resolving a key question about the ITC’s reach over method patent claims and significantly expanding the ITC’s role in policing patent infringement.

International Trade Commission, Utility Patent

InterDigital Communications v. ITC — Federal Circuit Addresses Standard-Essential Patents and FRAND Licensing at the ITC

The Federal Circuit affirmed the ITC’s exclusion order against Huawei and ZTE for infringing InterDigital’s standard-essential wireless patents, while clarifying important questions about the ITC’s authority to issue exclusion orders involving FRAND-committed patents — decisions that became focal points for global SEP licensing and ITC reform debates.

Federal Circuit, International Trade Commission

InterDigital Communications v. ITC — Federal Circuit Holds Patent Licensing Alone Satisfies ITC Domestic Industry Requirement

The Federal Circuit affirmed that a patent holder whose domestic industry consists solely of licensing activities — with no domestic manufacturing — can satisfy Section 337’s domestic industry requirement at the ITC, opening the door wider for non-practicing entities to use exclusion orders as a patent enforcement tool.

International Trade Commission, Utility Patent

Kyocera Wireless v. ITC — Federal Circuit Limits ITC Power to Exclude Downstream Products of Non-Parties in Section 337 Cases

The Federal Circuit held that the ITC’s limited exclusion order authority under Section 337 does not extend to downstream products of non-parties to the investigation — rejecting the ITC’s longstanding practice of excluding finished goods containing infringing components made by respondents, and limiting such broad relief to general exclusion orders.

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