June 26, 2022

Volume XII, Number 177

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June 24, 2022

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June 23, 2022

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EXCLUSIVE RIGHTS: Intellectual Property — Domestic Industry at the ITC – The Commission Has Set a Positive Trend [PODCAST]

While there have been some adverse decisions from individual administrative law judges at the US International Trade Commission in recent years, final decisions coming from the commission since January 2019 have largely affirmed that complainants have satisfied the domestic industry (DI) requirement. Daniel Weinger, founding host of the Mintz EXCLUSIVE RIGHTS: Intellectual Property podcast, talks about this trend with Jonathan Engler, a seasoned ITC litigator, former attorney in the ITC’s General Counsel’s office, and newest Mintz IP litigator. Jonathan conducted a case-by-case analysis of relevant ITC decisions over the past 3+ years — and he discusses the results and shares his insights on the data.

Among other things, Daniel and Jonathan will talk about:

  • Final decisions on DI issues by the commission have been almost entirely positive since 2019

  • The history of the DI requirement at the ITC — from mostly stipulated to regularly challenged

  • Recent decisions, including the decision in the 1206 investigation related to complainant Hyperice, and the lessons we can learn from them

  • Reasons other than the DI requirement which are likely to trip up complainants at the ITC

 

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XII, Number 50
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About this Author

Daniel B. Weinger Patent Litigation Attorney Mintz Law Firm
Member

Daniel's practice in intellectual property focuses on patent litigation, both at the International Trade Commission and the Federal District Courts. Daniel has participated in all phases of patent litigation, including active engagement in multiple evidentiary hearings at the International Trade Commission. He has done work in a variety of technology areas, including computer software, software architecture, GPS, network devices, semiconductors, converged devices, and LED lighting.

Prior to joining Mintz Levin, Daniel worked as a database...

617-348-1629
Jonathan J. Engler Intellectual Property Attorney Mintz Washington DC
Member

Jonathan is a seasoned intellectual property attorney who focuses his practice on representing clients in patent, trade secret, copyright and trademark litigation before the US International Trade Commission (ITC), and in appeals of those disputes at the Court of Appeals for the Federal Circuit. Drawing on his extensive experience as an ITC attorney in private practice and his tenure as an attorney with the ITC and in the US Department of Commerce, he successfully represents parties on both sides of ITC disputes, including representing them in relation to the enforcement...

202-434-7446
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