May 23, 2017

May 23, 2017

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May 22, 2017

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U.S. International Trade Commission Postpones Oral Argument In Carbon And Alloy Steel Products

The USITC’s investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and (atypically for a 337 proceeding) antitrust violations.  While the trade secret misappropriation claims were withdrawn, the presiding administrative law judge granted respondents’ motion to dismiss the antitrust claims for failing to establish antitrust standing (i.e., plead a cognizable antitrust injury).  Although the Commission only recently announced that it would hold an oral argument concerning the ALJ’s dismissal of the antitrust claims on March 14, 2017, the Commission has issued a notice postponing the argument until April 20 in order to allow more time for public comment.

For more information about the antitrust aspects of this case, please see our previous blog posts:

U.S. International Trade Commission Simultaneously Announces Reversal of ALJ’s Dismissal of False Designation of Origin Claims and Schedules Oral Argument On Dismissal of Antitrust-Based Claims In Carbon And Alloy Steel Products

ALJ Lord Dismisses Antitrust-Based Claims In Carbon And Alloy Steel Products Investigation

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About this Author

Bryan Schwartz, Squire Patton Boggs, intellectual property attorney, litigation lawyer, patent law, US International Trade Commission legal counsel
Principal

Bryan brings nearly 25 years of intellectual property litigation experience to the Squire Patton Boggs Intellectual Property & Technology Practice Group’s US litigation practice, including numerous representations of parties in Section 337 investigations at the US International Trade Commission.

Bryan has also appeared in numerous US district courts and before arbitration panels in IP disputes. His litigation experience extends to a diverse array of technologies, including semiconductors, lasers, wireless communications, batteries,...

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