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International Trade
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April 30, 2013
Clothes Importer Asserts Standing In Fed. Circ. Tariff Fight
The U.S. government and clothing importer Skiz Imports LLC clashed on Monday over whether the importer had first-party standing to bring a suit alleging the U.S. tariff schedule unconstitutionally imposes different duty rates on imports based on the genders and age groups the goods were intended for, according to dueling briefs filed Monday with the Federal Circuit.
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April 30, 2013
Obama Would Signal Trade Push By Picking Froman For USTR
If White House economic adviser Mike Froman is nominated for U.S. Trade Representative this week as expected, attorneys say it would signal a heightened administration focus on closing the massive free trade pacts currently planned in the Pacific and the European Union.
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April 30, 2013
Apple Loses ITC Sanctions Bid In VirnetX Patent Spat
In a decision made public late Monday, a U.S. International Trade Commission judge refused Apple Inc.'s bid to have VirnetX Inc. cover its litigation costs after the company chose to withdraw its complaint accusing the iPhone maker of importing products that violated its patent for secure Internet communication technology.
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April 30, 2013
Sens. Suggest WTO Challenge To EU Ethanol Duties
The U.S. Trade Representative should consider filing a challenge with the World Trade Organization against the European Commission’s recently imposed anti-dumping duties on ethanol from the U.S., according to a letter that a group of 14 U.S. senators sent the USTR on Monday.
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April 30, 2013
ITC Closes Probe Over LG Backlight Patent Claims
The U.S. International Trade Commission has ended a probe into whether LG Electronics Inc. violated a patent for backlighting technology used in liquid crystal displays, affirming an administrative law judge's ruling that the patent was not infringed, according to a notice Monday.
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April 29, 2013
Oil Brokers Ask Supreme Court To Revive Iraq Contract Suit
Two Cyprus-based oil brokers urged the U.S. Supreme Court to revive a contract fight with the Republic of Iraq over the United Nations' Oil-for-Food program, arguing that the Ninth Circuit's decision to grant the Republic of Iraq immunity sets a dangerous precedent that could threaten future commercial transactions with foreign governments.
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April 29, 2013
Bose Settles Hitachi ITC Suit Over Rare-Earth Magnet Patents
Bose Corp. has agreed to settle claims brought by Hitachi Metals Inc. alleging the headphone and speaker maker imported products containing rare-earth magnets covered by Hitachi patents, according to documents filed Friday with the U.S. International Trade Commission.
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April 29, 2013
Total Expecting To Pay $398M To Settle FCPA Bribery Claims
French oil and gas giant Total SA on Monday said it had set aside $398 million to pay for an expected settlement with U.S. regulators over possible bribes made to Iranian officials in violation of the Foreign Corrupt Practices Act.
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April 29, 2013
Electrolux Disputes Duties On Washers From Mexico
Household appliance maker Electrolux Home Products Corp. NV on Friday filed a complaint with the U.S. Court of International Trade challenging recently issued anti-dumping and countervailing duties on washing machines from Mexico, saying government findings that foreign imports harm American businesses aren't sufficiently backed by evidence.
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April 29, 2013
ITC To Review Decision Finding Cypress SRAM Patents Valid
The U.S. International Trade Commission said Friday that it would review a ruling from one of its administrative judges that declared valid four patents held by Cypress Semiconductor Corp. for static random access memory technology.
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April 26, 2013
Mexican Cucumber Suppliers Linked To Salmonella Outbreak
Federal officials on Thursday linked two Mexican cucumber suppliers and an Arizona distributor to a salmonella outbreak that has sickened 73 people in 18 states.
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April 26, 2013
White House Names FTC's Shelanski To Lead Oversight Body
The White House on Thursday nominated Federal Trade Commission official and former Davis Polk & Wardwell LLP attorney Howard Shelanski to head the government oversight body that reviews all agency draft regulations before they are published.
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April 26, 2013
DC Circ. Says Energy Cos. Fighting SEC Rule In Wrong Court
The D.C. Circuit on Friday nixed an industry challenge to the U.S. Securities and Exchange Commission’s controversial rule requiring certain oil, gas and mining companies to disclose payments made to foreign governments, saying the dispute belongs in a lower court.
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April 26, 2013
Search For WTO Chief Down To Brazilian, Mexican Candidates
The World Trade Organization said Friday that Brazilian diplomat Roberto Carvalho de Azevedo and Mexico's former trade minister Herminio Blanco are the final two candidates in the running to succeed France's Pascal Lamy as director-general of the global trade organization.
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April 26, 2013
ITC Launches Probe Of Imported Sleep Aid Devices
The U.S. International Trade Commission has voted to investigate allegations by ResMed Corp. of California that medical devices Apex Medical Corp. and Medical Depot Inc. are importing from Asia infringe several of its patents, the commission announced Friday.
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April 26, 2013
Commerce Defends Chinese Furniture Duty Rates
The U.S. Department of Commerce on Thursday urged a federal trade judge to affirm its level of anti-dumping duties on Chinese wooden furniture, hitting back at shippers who claimed the agency ignored a court order to reconsider the tariffs.
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April 25, 2013
LNG Venture Reaches Tentative Supply Deal With Petronet
Houston-based United LNG LP has crafted a preliminary deal to supply India's Petronet LNG with fuel from a Gulf of Mexico project that it is co-developing with Freeport McMoRan Energy LLC, the companies announced Thursday.
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April 25, 2013
CIT OKs Commerce's Exemption Of Hand Trucks From Duties
A federal trade judge on Wednesday approved the U.S. Department of Commerce's ruling that a line of WelCom Products Inc.'s hand trucks should be exempt from an anti-dumping duty on hand trucks imported from China, reversing an earlier finding that the devices fell within the duty order's scope.
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April 25, 2013
Venezuelan Importer Lands $31M In Tainted Chinese Milk Row
A Florida federal judge on Thursday ordered the part-owner of Miami-based Absolute Trading Co. to pay $31.5 million to a state-owned Venezuelan importer that claims the fraudulent transfer of those funds has allowed Absolute to avoid satisfying a $150 million judgment over tainted Chinese milk.
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April 25, 2013
Sens. Urge ITC To Keep Rebar Duties In Place
Ahead of a the U.S. International Trade Commission's ruling on whether to maintain existing anti-dumping duties on foreign imports of steel concrete rebar, a bipartisan group of senators warned Thursday that easing trade barriers could force America's steel industry to shed domestic jobs.
Expert Analysis
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Questioning NPE Use Of The ITC Is Not 'Hype'
In a recent Law360 Expert Analysis article, Deanna Tanner Okun, a former chairman of the U.S. International Trade Commission, responds to critics of ITC handling of nonpracticing entity cases. While Okun makes a number of pertinent and thoughtful observations, on certain issues she misses the point, says Paul Roeder, deputy general counsel for litigation at Hewlett-Packard Co.
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UK Bribery Act Enforcement Is On The Horizon
The 18 months since the U.K.'s Bribery Act came into force have not been filled with the enforcement activity some expected or hoped for. But we anticipate the first cases may be just around the corner. The Bribery Act enforcement actions to date can be seen as the Serious Fraud Office clearing its books and readying itself to tackle future case load, say Lisa Navarro and Kara Bombach of Greenberg Traurig LLP.
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ITC Is A More Desirable Venue In The Wake Of AIA
As provided by several provisions of the America Invents Act, patent owners now have an additional reason to turn to the U.S. International Trade Commission for relief. In particular, the AIA places certain requirements on patent owners that make it more difficult to join multiple accused infringers in one civil action, while neither Section 337 of the Tariff Act of 1930 nor the ITC’s rules impose any such restrictions, says Thomas Martin of Baker Botts LLP.
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Preparing Your Witness To Be A Performer
How do we prepare a witness, a layperson having no training in the art of litigation, to give an effective and memorable performance? A number of tips, when incorporated into your practice of law, will surely strengthen your witness's presentation at deposition and trial and the overall merits of your case, says Erika Ronquillo of Marshall Dennehey Warner Coleman & Goggin PC.
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How Cos. Can Shape Int'l Service Agreement Negotiations
On Jan. 15, the Obama administration notified Congress that it intends to enter the international services agreement negotiations. The issues that negotiators will tackle could have real commercial consequences for international services companies, and there are some practical steps that companies can take to advocate their economic interests and influence the negotiations in their favor, say Jonathan Kallmer and Christopher Wilson of Crowell & Moring LLP.
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Antitrust Agencies Will Remain Focused On Patent Conduct
If recent events are any indication, in 2013 we will see more policing of patent conduct by the U.S. and European antitrust agencies. In particular, the agencies have concluded that under certain circumstances it may be a violation of the competition laws for a holder of standard essential patents to seek an injunction against alleged infringers of those SEPs, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
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A Surge In Trade Secret Misappropriation Cases At ITC
In the past month, the U.S. International Trade Commission received two new complaints requesting the institution of investigations of trade secret misappropriation, each alleging unfair acts occurring exclusively overseas. As evidenced by these and other recent filings, the ITC has become a preferred forum for combating international trade secret theft as a result of the Tian Rui decision, say Jeffrey Telep and Taryn Williams of King & Spalding LLP.
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ITC Focuses On The Facts, Not The Hype
It has been a surprise to see articles and publications claiming that the U.S. International Trade Commission is being flooded and overrun by nonpracticing entities. Contrary to the claims of critics, the facts suggest that the ITC is, in fact, a tougher forum for NPEs to succeed in than district courts. The ITC is administering the trade laws fairly and expeditiously, and staying true to its mission, says Deanna Tanner Okun, a partner with Adduci Mastriani & Schaumberg LLP and former chairman of the ITC.
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A Proposal For Addressing Climate Change Through China
The convergence of climate change, which most scientists say is accelerating due, in major part, to the burning of hydrocarbons, and trade law, which is impeding the development of green technologies, requires bold leadership. The world often looks to the U.S. for global leadership, but on this subject President Obama is stymied by domestic politics and competing priorities. China is in an ideal position to assert leadership in two specific ways, says Elliot Feldman of BakerHostetler.
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Why Patent Assertion Entities Are Transitioning To ITC
Some practitioners and academics perceive a growing trend in patent infringement suits brought by patent assertion entities in the U.S. International Trade Commission. While to say that there is a dramatic shift would be an overstatement, some statistics do seem to suggest a moderate shift. Several factors may be contributing to PAEs favoring actions in the ITC rather than in district court, say Vera Elson and Aseem Gupta of Sidley Austin LLP.