Tag Archive for international trade commission

Guest Post: Should the Federal Circuit Care about Limits to the ITC’s Agency Authority? A Recap of the Comcast v. ITC Oral Argument

Charles Duan is Director of Technology & Innovation Policy for the R Street Institute.  We are pleased to republish this post, first published on the ITC Policy Blog. This morning, the U.S. Court of Appeals for the Federal Circuit heard an oral argument in the case Comcast v. International Trade Commission. Though the case itself involves niche matters of patent law, the argument revealed to me a concerning lack…

CCIA Files Additional Comments In Qualcomm ITC Case

Last June, CCIA filed comments on the public interest issues implicated by Qualcomm’s ITC complaint against Apple.  (The ITC is required to take into account whether the public interest would be harmed by exclusion.)   Last month, the ITC Administrative Law Judge (ALJ) agreed with our comments, determining that an exclusion order was not in…

ITC: No Public Interest In Excluding Qualcomm Competitors

Over a year ago, I filed comments at the International Trade Commission (ITC).  Those comments explained why it went against the public interest to exclude Qualcomm’s competitors products from the U.S. market based on Qualcomm’s patent infringement allegations. Last week, the ITC administrative law judge in charge of the case agreed. What’s At Stake? About…

ITC Remedies Don’t Have To Be All-Or-Nothing

The International Trade Commission’s (ITC) basic function is to protect American industry against unfair foreign competition by prohibiting the importation of unfairly produced trade goods.  That includes preventing the importation of goods that infringe a valid U.S. patent through what are called “exclusion orders.” But that function is limited by the second part of its…

Using A Trade Court To Avoid Antitrust And FRAND: Qualcomm At The ITC

The first Apple/Qualcomm International Trade Commission (ITC) case is about to kick into high gear, with the prehearing conference scheduled for Friday and the hearing (essentially the equivalent of a trial in the ITC) opening next week.  Qualcomm has already dropped several patents from this case and in a companion European case admitted that some…

If Qualcomm Wins At The ITC, We All Lose

This afternoon, CCIA filed comments on the public interest in the Qualcomm v. Apple case pending at the International Trade Commission (ITC).  Qualcomm sued Apple in the ITC as part of the large dispute between the two companies.  (The dispute continues to grow, having recently added a case in Germany and suits and counter-suits between…

Customs Gets Embroiled in the Smartphone Patent Wars

There’s another front in the Smartphone Patent Wars that you may not have heard of, or may not know much about: a battle with U.S. Customs & Border Protection (CBP) over whether Motorola can import certain smartphones. The issue stems from an exclusion order issued by the International Trade Commission after Motorola lost a patent…

Update: ITC’s New Procedure Makes Quick Work of Troll

We told you in a recent Weekly Patent Roundup about a change in the International Trade Commission’s rules. The ITC is now going to require companies to prove early in the case that they have a significant industry in the U.S. that uses the patents they’re asserting. (This is the “domestic industry” requirement at the…