In Managing Intellectual Property, Matt Rizzolo Discusses Chevron Doctrine Reversal Implications for ITC’s Enabling Statute

In light of the recent U.S. Supreme Court decision reversing the decades-old Chevron doctrine, there is a long list of Federal Circuit cases where the court has accorded deference to the International Trade Commission (ITC) in the agency’s interpretation of terms in its enabling statute, Section 337 of the Tariff Act of 1930. These areas include issues involving the definition of “sale for importation,” “articles that infringe,” as well as domestic industry and the ITC’s statutory authority to impose civil penalties.

In a Managing Intellectual Property article, IP litigation partner Matt Rizzolo notes that many of these areas of statutory interpretation may be subject to being revisited by the Federal Circuit.