PublishedApril 27, 2020

CCIA Asks Supreme Court To Review Constitutionality of ITC’s Actions In Patent Case Illustrating Expanded Use Of ITC Against US Companies

Washington — As the International Trade Commission has increasingly expanded its jurisdiction to include ruling on domestic patent issues, the Computer & Communications Industry Association filed an amicus brief Monday afternoon asking the Supreme Court to grant cert and review the misuse of the ITC by foreign entities against US companies. The Federal District court case involves Comcast and other petitioners versus the ITC and the patent owner, Rovi.

The following can be attributed to CCIA patent counsel Josh Landau: 

“The ITC was created to protect U.S. companies against unfair foreign competition that the U.S. courts might not be able to address.  To do that, the ITC was given authority over imported goods.  But now the ITC is used mostly to attack U.S. companies—in this case, because of conduct taking place entirely in the U.S., not because of imported goods.  That’s not what the ITC was created for and it’s not what statute allows the ITC to do.  

“Just as seriously, when the ITC takes action based on domestic conduct, it takes power at the expense of the federal courts, a serious violation of the Constitutional separation of powers.

“CCIA is asking the high court to take up this case, reverse the Federal Circuit’s decision and rein in the ITC.”

  • Press Releases

CCIA Submits PTO Comments on Examination Improvements, Eligibility for Attorneys

Washington – The Computer & Communications Industry Association filed comments with the U.S. Patent and Trademark Office this week on three different issues. CCIA submitted responses to question...
  • Press Releases
  • EU

Political Advertising: EU Parliament Vote Still Leaves Much Unclear About New Rules

Brussels, BELGIUM – Moments ago, the European Parliament adopted its position on the proposed new EU rules for the transparency and targeting of political advertising (TTPA). Together with the Counc...
  • Press Releases

CCIA Statement On Court Allowing Meta’s Acquisition Of VR Fitness App

Washington –  A U.S. District Judge in San Diego has approved Meta’s proposed acquisition of a virtual reality fitness app, Within Unlimited, according to various news reports. The Federal Trade ...