Coverage since August 21, 2001

International Trade Commission

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Roku v. ITC — Federal Circuit Holds Domestic Industry Economic Prong Can Be Satisfied by Investment in Patent-Covered Component Alone

The Federal Circuit affirmed the ITC’s finding that Universal Electronics satisfied the domestic industry requirement under Section 337 based on its investments in QuickSet technology — a patented component integrated into televisions — even though those investments did not cover the entire te

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Converse v. ITC — Federal Circuit Holds Trademark Registration Presumption of Secondary Meaning Applies Prospectively Only

The Federal Circuit held that a trademark registration creates a presumption of secondary meaning only as of the date of registration — not retroactively — requiring Converse to independently prove its Chuck Taylor trade dress had acquired distinctiveness before each infringer’s first infringing use

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Suprema v. ITC (2015) — En Banc Federal Circuit Holds ITC Can Issue Exclusion Orders for Induced Infringement Completed After Importation

An en banc Federal Circuit held 6-4 that the ITC has jurisdiction to issue exclusion orders for imported products that become ‘articles that infringe’ through induced infringement completed after importation — resolving a key question about the ITC’s reach over method patent claims

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