Tag: Section 337
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Bissell v. ITC: Firmware Redesign Defeats ITC Exclusion Order
When patent owners prevail in Section 337 investigations before the International Trade Commission, the resulting exclusion orders can be commercially devastating. But sophisticated respondents increasingly prepare redesign strategies while the investigation is still pending, particularly where the accused functionality is controlled through firmware or software logic. The Federal Circuit’s decision in Bissell, Inc. v. International…
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Ascendis v. BioMarin: Federal Circuit Rejects Procedural Reset of Section 1659 Stay Deadline
There is a quiet but persistent tension in patent litigation involving the ITC: the statute promises efficiency, but the structure invites gamesmanship. Section 1659 is supposed to prevent duplicative litigation by forcing district courts to stand down when the same issues are being litigated at the ITC. But that protection is not automatic—it must be…
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Apple v. ITC: Federal Circuit Holds Prototypes Can Establish a Section 337 Domestic Industry
The Federal Circuit’s decision in Apple Inc. v. International Trade Commission , Case No. 2024-1285 (Fed. Cir., Mar. 19, 2026), delivers a clear and practical message: a domestic industry under Section 337 does not require a finished commercial product. Iterative prototypes—supported by testing, engineering records, and witness testimony—can be enough. That holding represents a meaningful…
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Crocs v. ITC: One Commission Decision Can Trigger Two Appeal Deadlines
The Federal Circuit’s decision in Crocs, Inc. v. International Trade Commission, Case No. 2024-1300 (Fed. Cir. Jan. 8, 2026), illustrates a jurisdictional trap in Section 337 proceedings: different portions of the same Commission determination can become final, and therefore appealable, at different times. The court dismissed as untimely Crocs’s challenge to a no-violation determination while…
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Realtek v. ITC: Federal Circuit Finds ITC Sanctions Inaction Unreviewable
In a decision that highlights the limits of judicial review over agency discretion, the Federal Circuit dismissed Realtek Semiconductor Corporation’s appeal against the International Trade Commission (ITC). The case, Realtek Semiconductor Corporation v. International Trade Commission, centered on the ITC’s refusal to issue a show-cause order against DivX, LLC in an investigation concerning patent infringement…
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US Synthetic v. ITC: Federal Circuit Reverses Section 101 Ruling
On February 13, 2025, the United States Court of Appeals for the Federal Circuit issued its opinion in US Synthetic Corp. v. International Trade Commission, a case involving key issues in intellectual property law, particularly the eligibility of patent claims under 35 U.S.C. § 101 and the requirements for enablement under § 112. The Federal…