Initial Determination News Today

While a complainant does not need to have constitutional standing to bring a complaint in the International Trade Commission (ITC), at least one complainant must be the owner or...

Design Patent Trends at the ITC - The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility pate...

As any PTAB practitioner knows, the possibility of being estopped from asserting prior art in district court is a significant risk that must be considered when filing an IPR. Section...

The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such...

While the Apple/Masimo dispute at the International Trade Commission (ITC) is ongoing and the subject of much coverage already, here are five other key IP cases with a variety of important rulings for parties at the ITC.

This month’s ITC Wrap-Up discusses the Commission’s recent decision in Certain LIDAR (Light Detection and Ranging) Systems and Components Thereof, Inv. No. 337-TA-1363, to affirm the...

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied a petition for writ of mandamus filed by Realtek Semiconductor Corporation.

This week in Other Barks & Bites: the CAFC issues a precedential ruling in a design patent win for Columbia Sportswear; the country’s biggest tech CEOs testify before Congress on the state of artificial intelligence (AI) in the United States; and more.

Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022.

On July 17, 2023, the Commission issued a Notice electing to review in part and, on review, to affirm ALJ Bhattacharyya's Initial Determination finding no violation of Section 337.