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Joe Stanganelli
Joe Stanganelli
8/25/2016 | 9:27:24 PM
Re: Usual or Unusual?
You're welcome, Alison!

Incidentally, my notes indicate (although this data may be slightly dated) that the USITC gets reversed just more than 1/3 of the time when its decision appealed (meaning, of course, conversely, that just shy of 2/3 of the time, its decision is upheld on appeal).  Note that this statistic is for ALL USITC decisions -- not just cases where a ban was imposed.

Also worth noting: The Harvard Journal of Law and Technology found, a few years ago, that ITC decisions that favored respondents were "significantly more likely to survive" on appeal than did ITC decisions that favored complainants.

I have a wealth of other information and insight on this subject if you're ever interested, Alison.  ;)
Alison_ Diana
Alison_ Diana
8/25/2016 | 11:30:16 AM
Re: Usual or Unusual?
See, I knew the Hive Mind would have the answer! Thanks, Joe!
Joe Stanganelli
Joe Stanganelli
8/24/2016 | 5:14:21 PM
Re: Usual or Unusual?
@Alison: Actually, there was a ban ordered by the ITC as a result of Apple v. Samsung -- only to be overturned by the Obama Administration.

To my knowledge, such an overturning of such an import ban had only happened once before -- during the Reagan Administration.

As for how common it is, I used to know/have some of those figures... I'll see what I can dig up in my files.
Alison_ Diana
Alison_ Diana
8/24/2016 | 3:00:12 PM
Usual or Unusual?
Is this the usual way the government responds? I don't know and that's why I ask. I'm thinking primarily of Apple v. Samsung, which of course did not have the same ban. Anyone know how common an out-and-out ban on importation is?
Kelsey Ziser
Kelsey Ziser
8/24/2016 | 10:52:01 AM
Re: Updated
@Mitch I wonder if they'll be able to switch over to US manufacturing in time and at the right price point...does sound like a bleak picture.
Mitch Wagner
Mitch Wagner
8/23/2016 | 4:30:30 PM
Updated about an hour after publication to include a comment from Arista. 

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