RichTek filed a cross-appeal with the Federal Circuit of the International Trade Commission’s Section 337 patent enforcement case on certain DC-DC controllers and products containing same (337-TA-698). In the ITC’s final determination, it levied a $620,000 fine against uPI Semiconductor for violations of a consent order. The administrative law judge had originally recommended a $750,000 fine. uPI Semiconductor filed its appeal Jan. 11.
Marvin Furniture appealed the Court of International Trade’s dismissal of its challenge to a new shipper review of wooden bedroom furniture from China (A-570-890). The International Trade Administration rescinded the new shipper review for Marvin after it found entries of subject merchandise that predated the date of first entry listed in Marvin’s new shipper review request. Marvin argued that it had the statutory right to correct the filings, but CIT said that right only applies to information the ITA requests. Marvin, on the other hand, submitted the new shipper review request on its own accord. CIT later denied a rehearing of the case Jan. 9.
uPI Semiconductor appealed the results of a Section 337 patent enforcement case that resulted in a $620,000 fine for the company. The International Trade Commission imposed the fine in November, after finding violations of a consent order in the Section 337 patent investigation of certain DC-DC controllers and products containing same (337-TA-698). Complainant Richtek had alleged uPI continued to import and sell the products in the U.S., in violation of a 2010 agreement that ended the investigation.
A product does not have to be manufactured in the U.S. for the licensee of that product to have access to the International Trade Commission’s import restrictions, said the Court of Appeals for the Federal Circuit in a denial of Nokia’s request for rehearing. A U.S. patent holder’s investment in research and licensing alone satisfies the domestic industry requirement, regardless of whether actual production is performed entirely abroad. In a dissent from the ruling, Judge Pauline Newman disagreed that no domestic production need take place to satisfy the domestic industry prong. Such an interpretation ignores Congressional intent to protect U.S. industry, even in cases where the U.S. industry is comprised of licensees rather than actual patent holders.
A British businessman was sentenced to 33 months in prison for attempting to export to Iran a special component of the Hawk Air Defense Missile, said Immigration and Customs Enforcement. In addition to his prison sentence, Christopher Tappin must also pay an $11,357.14 fine. Tappin reversed his original not guilty plea Nov. 1, admitting his guilt to aiding and abetting the illegal export of defense articles, and waiving his right to appeal his conviction or challenge the sentence handed down.
The Court of International Trade agreed to a request by the International Trade Administration to expand a remand of the 2009-10 antidumping administrative review of frozen warmwater shrimp from China (A-570-893) to address recent fraud allegations. The final results of the proceeding were originally remanded Nov. 30 for the ITA to better explain its selection of India as the surrogate country to value inputs used by Hilltop International during the review. After receiving a request for changed circumstances review that alleged fraud by Hilltop during the proceeding, the ITA asked CIT to broaden the remand’s scope. The ITA did not disclose the fraud allegations in this case, and Hilltop argued it was required to in order to have the scope expanded. The court, however, found it sufficient that there was no evidence the ITA’s request was made in bad faith.
The Court of International Trade denied a rehearing of a case where it affirmed the International Trade Administration’s rescission of an antidumping new shipper review on wooden bedroom furniture from China (A-570-890). In its request for the new shipper review, plaintiff Marvin Furniture (Shanghai) had told the ITA that its first entries of subject merchandise to the U.S. occurred in June 2011. But after the ITA initiated the review, CBP found earlier entries of subject merchandise from Marvin. Given this new information, the ITA rescinded the new shipper review because Marvin’s review request did not meet the statutory requirements. In its request for rehearing, Marvin argued that the affirmance included several semantic errors, but CIT said Marvin’s assertions were a mischaracterization of the opinion.
Judge William Bryson retired from active service on the Court of Appeals for the Federal Circuit Jan. 6. Bryson has been a member of the court since 1994. He will continue to hear cases as a judge in senior status.
Immigrations and Customs Enforcement deported a man who conspired to illegally ship highly specialized vacuum pump equipment with nuclear applications from the U.S. to Iran, it said. Amirhossein Sairafi was released from federal prison and immediately deported from Chicago via commercial flight, arriving Jan. 4 in Tehran, Iran.
Allegheny Steel Corp. and North American Stainless appealed the Court of International Trade’s November dismissal of a challenge to the results of a sunset review that resulted in the 2010 revocation of the antidumping duty orders on stainless steel sheet and strip from Italy, Germany, and Mexico. In its injury determination in the sunset review, the International Trade Commission had said that ThyssenKrupp’s U.S. subsidiary had effectively become part of U.S. industry, and had effective control over imports from affiliates in Italy, Germany, and Mexico. CIT upheld that determination.