Respondents want an early determination from the ITC on complainant’s standing to sue; complaint wants the ITC to delay institution while the parties argue the matter in court. Why not just let the court take care of everything?
Two new ITC patent complaints from GlobalFoundries seek to block a large swath of computing devices that rely on chips manufactured by TSMC, the world’s largest semiconductor fabrication company. But the patent owner assures the Commission that consumers won’t be harmed by the requested ban because at least 39% of the smartphone market will still be available.
In its ITC-related opinions issued so far in 2019, the Federal Circuit has addressed legal issues specific to Section 337 and the curious relationship between federal courts and the trade agency that make up America’s dual-track patent litigation system.
Section 337 is a trade remedy that exists on top of the remedies available under the patent law, and it is not only acceptable but desirable for the ITC to limit exclusion orders that could harm other interests, whether that's life saving medical research or general economic welfare.
Citing the ITC’s long history of broadly interpreting its own jurisdiction, the ALJ held that “the dictionary definition of a "sale" does not necessarily limit the Commission's jurisdiction,” which “may be extended to parties that do not themselves engage in prohibited acts.”