Foreign Trade Secret Cases on the Rise at the ITC

The trade agency is an attractive venue for trade secret litigation because it has the power to block accused imports even if the alleged misappropriation of the asserted trade secret occurred entirely in another country where the parties were not subject to U.S. law.

Early Determination Proceeding Leads to Withdrawal of Complaint

After the ITC called for early disposition of the domestic industry question in Taurine (Inv. 1146), the patent holder withdrew its complaint. The episode shows how the early disposition program is helping to reduce the ITC's disruptive impact on the U.S. patent system by weeding out some duplicative Section 337 cases that have no patent or trade policy rationale.

New ITC Patent Investigation Exemplifies All That is Wrong With Section 337

The ITC’s patent powers do not exist so foreign licensing companies can bypass courts and extract settlements through the threat of trade action against American products. But that’s just what’s happening in Data Transmission Devices (Inv. 1150).

Year in Review 2018: Domestic Licensing Disputes

A look at the ITC's docket in 2018 shows how Section 337’s domestic industry requirement regularly fails to fulfill its legislative purpose.