Tag Archives: ITC

Advancing New Claims Under the Lanham Act

Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related parties (Par as “Complainants”).  The complaint, which is grounded in allegations of the unlawful importation of certain Potassium Chloride powder … Continue reading this entry

Federal Circuit Says Commission Must Toe The Line In Invisalign ITC Case

In Align Technology, Inc. v. International Trade Commission, the Federal Circuit held that ITC action that violated ITC’s own regulations warranted vacatur under the Administrative Procedures Act. While the case addresses specific ITC regulations, the same principles apply to other agencies, including the USPTO. Thus, the USPTO should take note of this decision, and take care … Continue reading this entry

Motorola Escapes Microsoft By Ducking Under ITC Domestic Industry Requirement

In Microsoft Corp. v. International Trade Commission, the Federal Circuit upheld the ITC’s determination that Microsoft had failed to establish that there was a “domestic industry” relating to three of four patents asserted to be infringed by Motorola Mobility LLC. This case underscores the additional requirement that must be proven when bringing an infringement action … Continue reading this entry