The U.S. Appeals Court for the Federal Circuit on Wednesday rejected Vizio’s request to stay an International Trade Commission order barring the importation of TVs that violate a Funai patent. In a four-page decision, the appeals court said Vizio didn’t meet “its burden” to win a stay of the order.
CBP has posted COAC's Importer Security Filing Subcommittee statement of work and directory. The ISF subcommittee was established at the May 6, 2009 COAC meeting and is to advise COAC of any advice or recommendations related to ISF. Specifically, the subcommittee is expected to generate advice and recommendations pertaining to the implementation of the ISF requirements. (Documents were posted on 07/28/09)
CBP has issued a CSMS message stating that on July 17, 2009, CBP published CBP Dec. 09&8722;26 titled "Guidelines for the Assessment and Cancellation of Claims for Liquidated Damages for Failure to Comply with the Vessel Stow Plan, Container Status Message, and Importer Security Filing Requirements." (See ITT's Online Archives or 07/17/09 and 07/20/09 news, 09071705 and 09072010, for BP summaries of the 10+2 penalty and mitigation guidelines.) (CSMS 09-000275, dated 07/27/09, available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17665&page=&srch_argv=09-000275&srchtype=all&btype=&sortby=&sby)
The International Trade Administration has initiated administrative reviews of the antidumping duty orders below, for certain specified companies listed in the initiation notice.
The U.S. International Trade Commission rejected a request to stay its order barring Vizio, Amtran and TPV Technology from importing TVs that infringe a Funai patent. The companies filed a request June 2 asking the ITC to stay its April 10 decision, pending an appeal filed with the U.S. Court of Appeals for the Federal Circuit. The ITC in April ruled that Vizio’s TVs, which are assembled by Amtran and TPV, violated a Funai patent on channel mapping technology. The companies asked that Vizio be allowed to continue selling TVs pending the appeal. The appeals court last month granted Vizio’s emergency motion while it considers arguments on the ITC decision. It wasn’t clear Tuesday what impact the ITC ruling might have on the appeals court case. Vizio and TPV officials weren’t available for comment. Karl Kramer, attorney for Funai, declined to comment. Funai filed a complaint with the ITC in October 2007, just months after acquiring DTV-related patents from Thomson. The channel mapping patent, issued in 2000, describes a technology allowing a DTV tuner to speed switching of channels by referring to data stored in a table.
The International Trade Commission has instituted a section 337 patent-based investigation of certain lighting control devices including dimmer switches and parts thereof pursuant to a complaint.
CBP has posted an updated version of its TRQ/TPL "threshold to fill" list, a quick reference to monitor TRQs and TPLs that are approaching the restraint limit or have filled the in-quota (low) rate. The list is divided into two sections - those that are at least 85% filled and those that are closed. (List, updated 07/17/09, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/commodity/trq_thresh_fill.ctt/trq_thresh_fill.pdf)
The Office of the U.S. Trade Representative has posted the statement from USTR spokeswoman Carol Guthrie on the recent conclusion of the 5th round of negotiations for the Anti-Counterfeiting Trade Agreement (ACTA) that was held in Rabat on July 16 and 17, 2009. Participants in this meeting agreed that the next round will be hosted by the Republic of Korea in November 2009. With regard to the progress of negotiations, participants confirmed their intention to conclude the agreement as soon as possible in 2010. (Press Release, dated 07/20/09, available at http://www.ustr.gov/about-us/press-office/press-releases/2009/july/statement-ustr-spokeswoman-carol-guthrie-anti-counte-0)
Trade associations such as the National Association of Manufacturers and U.S. Chamber of Commerce, and non-governmental organizations such as the Sierra Club and Rainforest Action Network (47 groups in all) have issued a consensus statement recommending a number of changes to the way the Lacey Act Declaration is implemented and administered.
A federal judge dismissed insider trading charges against HDNet Chairman Mark Cuban but gave the SEC another 30 days to amend its complaint and file again. The SEC alleged that Cuban dodged $750,000 in losses on his investment in Mamma.com because he sold his shares based on confidential information that the company would soon make a move that would dilute shareholders’ value (CD Nov 20 p13). “Cuban cannot be held liable under the misappropriation theory of insider trading liability, even accepting all well-pleaded facts as true and viewing them in the light most favorable to the SEC,” Judge Sidney Fiztwater wrote. If the SEC can show in 30 days that Cuban “undertook a duty, expressly or implicitly, not to trade on or otherwise use material, non public information” about the event that triggered the charges, then the case can proceed, the judge wrote. Otherwise it will be dismissed with prejudice.