What US Steel and Other Decisions Reveal about the Landscape for Non-Patent Litigation at the ITC

February 23, 2017 4:00pm

David Hickerson
Partner
Foley & Lardner LLP (Washington, DC)

Alan Price
Partner
Wiley Rein LLP (Washington, DC)

  • How broad are the “unfair acts” and “unfair methods of competition” predicates for ITC jurisdiction?
  • Background to sparing use of ITC for antitrust claims
  • US Steel: what does the ALJ’s decision dismissing the anti-trust claims mean for the future of non-Patent litigation, and analysis of the ruling and likelihood of success on appeal
  • What are the repercussions for ITC jurisdiction if the certiorari petition in Sino Legend is granted and overturns the determination that a Section 337 violation can be based on acts of trade secret misappropriation that occur overseas
  •  Trade Secrets Act: will there be an uptick in section 337 filings to accompany TSA litigation?
  • Other non-statutory “unfair acts” claims: claims based on the Lanham Act, False Designation of Origin, Customs Circumvention, and counterfeiting