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

BY Heather Greenfield
April 27, 2020

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.”

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