Daniel Muino
United States
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Articles by Daniel Muino
Adjudicating Redesigns after an ITC Exclusion Order
Keep up with the latest legal and industry insights, news, and events from MoFo Dan Muino and Charles Provine published this article entitled "Second bite at the cherry: Adjudicating redesigns after an ITC exclusion order" for World IP Review about the options available to parties impacted by exclusion orders issued by the US International Trade Commission (ITC), particularly in the context of adjudicating redesigned products.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
Section 337 of the U.S. Tariff Act empowers the International Trade Commission (ITC or Commission) to block the importation into the United States of products that infringe U.S. intellectual property rights, including patents, copyrights, trademarks, and trade secrets. Under the ITC's pleading requirements, a Section 337 complaint filed at the ITC must "[d]escribe specific instances of alleged unlawful importations or sales." 19 CFR §210.12 (a)(3).
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
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What Case Trends Reveal About Life Sciences Results At ITC
ADVERTISEMENT Don't want ads? Subscribe or login now. By Brian Busey and Daniel Muino (October 16, 2023, 5:26 PM EDT) -- For many years, U.S. International Trade Commission Investigations under the Section 337 exclusion order have predominantly involved computer technology, telecommunications technology and consumer electronics.... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement
This article appeared in The Intellectual Property Strategist, an ALM/Law Journal Newsletters publication that provides a practical source of both business and litigation tactics in the fast-changing area of intellectual property law, including litigating IP rights, patent damages, venue and infringement issues, inter partes review, trademarks on social media – and more.
Intellectual Property Considerations for ITC General Exclusion Orders
This article appeared in The Intellectual Property Strategist, an ALM/Law Journal Newsletters publication that provides a practical source of both business and litigation tactics in the fast-changing area of intellectual property law, including litigating IP rights, patent damages, venue and infringement issues, inter partes review, trademarks on social media – and more.
IP Considerations for ITC General Exclusion Orders
The Intellectual Property Strategist Intellectual Property International Law Regulation In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.
ITC General Exclusion Orders Targeting All Importers Are On the Rise
Business Crimes Bulletin Intellectual Property International Law Litigation Regulation Securities Litigation In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.
ITC Exclusion of DOWNSTREAM Products: What Remains of EPROMS? | JD Supra
The U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that infringe U.S. intellectual property rights.
Cross-Border Discovery At The ITC
To print this article, all you need is to be registered or login on Mondaq.com. Litigants in Section 337 investigations at the International Trade Commission ("ITC") can seek discovery from foreign third parties by means of either (1) Hague letters of request, or (2) letters rogatory.
Public Interest At The ITC
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Public Interest at the ITC | JD Supra
When weighing whether to issue its injunctive-type remedies—exclusion and cease-and-desist orders—the United States International Trade Commission (“Commission”) is not required to apply the eBay four-factor test used by district courts for permanent injunctions.[1], [2] Instead, the Commission must assess the effects its remedial orders would have on the statutory public interest factors: the public health and welfare; competitive conditions in the U.S. economy; the production of like or...
Downstream Remedy at the ITC: The Continuing Applicability of the EPROMs Analysis | JD Supra
Under Section 337 of the Tariff Act of 1930, as amended (“Section 337”), the U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that infringe U.S. intellectual property rights.[1] The default remedy is a limited exclusion order (“LEO”) directed to the infringing imported articles of named respondents.[2] However, before an LEO can be issued, the Commission must determine the appropriate scope of the...
Cross-Border Discovery at the ITC | JD Supra
Litigants in Section 337 investigations at the International Trade Commission (“ITC”) can seek discovery from foreign third parties by means of either (1) Hague letters of request, or (2) letters rogatory. These highly similar mechanisms permit a party to request judicial assistance from foreign courts to obtain documents or deposition testimony from foreign third parties that decline to provide the information voluntarily.
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