Tag Archive for ITC

ITC Institutes An Investigation… Based On An NPE’s Complaint

Yesterday, the International Trade Commission (ITC) instituted an investigation based on a complaint filed by an apparent non-practicing entity (NPE), SIPCO.  The ITC, as Patent Progress has covered in the past [1][2], is intended to protect American manufacturers from unfair foreign competition. So why did the ITC institute an investigation of American companies filed by…

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…

Why Is The ITC Instituting Investigations On Expiring Patents?

Yesterday, the ITC published the Federal Register notice of the initial determination of an ITC administrative law judge (ALJ).  The ALJ determined that the investigation, instituted in January based on a complaint filed last year, shouldn’t go further forward and terminated the case for good cause. I’m going to totally set aside the merits of…

Guest Post: A Balanced Patent System to Protect Innovation

Today I’m pleased to present a guest post from Dan Lang, VP Intellectual Property at Cisco. Now more than ever we need a strong patent system which strikes the right balance so that intellectual property rights encourage innovation rather than financial gamesmanship.   The need to prevent a copyist competitor from reaping all the rewards of…

Now The ITC Is Banning Products Over Invalid Patents

Update: Dan Lang, who commented on this post below, has provided an expansion of the thoughts in his comment.  His detailed comments can be found here. The International Trade Commission (ITC) is supposed to protect U.S. industries from unfair foreign competition.  They’re supposed to consider the interests of the U.S. public.  But recently, it seems…

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…