If the International Trade Commission opens a Tariff Act Section 337 investigation into Broadband iTV (BBiTV) allegations against Altice, Comcast and Charter, the cable companies want the ITC to use its 100-day early disposition program to determine if BBiTV satisfies the domestic industry requirement of its patent infringement complaint, they said in a filing posted Monday in docket 337-3616. BBiTV alleges set-tops from the three companies infringe four patents on VOD and electronic program guide technologies, and seeks cease and desist and limited exclusion orders against the infringing devices (see 2204280027). An ITC Section 337 complainant must show that a domestic industry exists for its asserted patents or is in the process of being established. “BBiTV does not contribute to any domestic industry in the asserted patents,” but instead relies entirely on investments made by third-party licensee Dish Network, and only between Dec. 10 and Dec. 31, “to support its allegations of a domestic industry,” said the cable companies. ITC case law shows “abbreviated” license periods call into doubt the “sufficiency” of domestic law allegations, they said. BBiTV is “a non-practicing entity that does not make any products on its own,” but rather sues other companies “to extract settlement licenses,” they said. Dish “only recently executed its license to the asserted patents to resolve litigation brought against it by BBiTV,” they said. BBiTV didn’t comment Tuesday, nor did Dish, which isn't a party to BBiTV’s complaint.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department illegally used one antidumping mandatory respondent's third-country sales to calculate another mandatory respondent's constructed value profit, selling expenses and constructed export price profit, mandatory respondent Hyundai Steel Co. and non-selected respondent AJU Besteel Co. argued in a pair of complaints at the Court of International Trade (Hyundai Steel Co. v. United States, CIT #22-00138) (AJU Besteel Co. v. United States, CIT #22-00139).
The Commerce Department properly found that the Chinese government and countervailing duty respondent Jangho Group failed to respond to the best of their ability on whether aluminum extrusions producers are "authorities," the Court of International Trade ruled in a May 10 opinion. As a result, Commerce properly applied adverse facts available, Judge Leo Gordon ruled. Issuing his second opinion in the case after Jangho vied for a rehearing over its unaddressed "alternative arguments," Gordon also said that Commerce properly found that the provision of glass and aluminum extrusions below cost are specific subsidies.
The lawyer for a group of three U.S. chloropicrin producers' medical issues were not unexpected and thus do not classify as an "extraordinary circumstance," warranting an untimely filing in an antidumping duty sunset review that led to the revocation of the order, the U.S. argued in a May 9 reply brief at the U.S. Court of Appeals for the Federal Circuit. The lawyer had been experiencing the medical issues for months and had actually carried out other tasks in the sunset review on the day prior to and on the day the submission was due, showing that the Commerce Department's rejection of the filing in question was justified, DOJ argued (Trinity Manufacturing v. United States, Fed. Cir. #22-1329).
The following lawsuits were filed at the Court of International Trade during the week of May 2-8:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should dismiss a case led by exporter Zhejiang Yuhua Timber Co. challenging the Commerce Department's decision to deny a scope ruling request, the U.S. argued in a May 6 reply brief. Responding to Yuhua's arguments attempting to establish jurisdiction under Section 1581(c), and in the alternative, Section 1581(i), the court's "residual" jurisdiction, DOJ argued that the decision to not start a scope inquiry is not a reviewable decision under Section 1581(c) (Zhejiang Yuhua Timber Co. v. United States, CIT #21-00502).
The Federal Maritime Commission needs cooperation from the trade and logistics community to engage in meaningful enforcement, FMC Chairman Daniel Maffei said. Speaking last week at the annual National Customs Brokers & Forwarders Association of America conference, Maffei said that he has been frustrated that "a lot of people expect the FMC to intervene on the side of small shippers" and don't understand the limits of the commission's authority.
CBP will soon launch a pilot program to electronically process export documents for used vehicles, the agency said in a notice released May 9. The voluntary pilot, open to exports of any “used self propelled vehicles” (USPVs) that can be driven on land but not rail, is aimed at expediting and modernizing the agency's document submission and review process, CBP said.