& cplSiteName &
Threaded  |  Newest First  |  Oldest First        ADD A COMMENT
Mitch Wagner
Mitch Wagner
8/23/2016 | 4:30:30 PM
Updated about an hour after publication to include a comment from Arista. 
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.
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?
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
8/25/2016 | 11:30:16 AM
Re: Usual or Unusual?
See, I knew the Hive Mind would have the answer! Thanks, Joe!
Joe Stanganelli
Joe Stanganelli
8/25/2016 | 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.  ;)

Featured Video
Upcoming Live Events
September 17-19, 2019, Dallas, Texas
October 1-2, 2019, New Orleans, Louisiana
October 10, 2019, New York, New York
October 22, 2019, Los Angeles, CA
November 5, 2019, London, England
November 7, 2019, London, UK
November 14, 2019, Maritim Hotel, Berlin
December 3-5, 2019, Vienna, Austria
December 3, 2019, New York, New York
March 16-18, 2020, Embassy Suites, Denver, Colorado
May 18-20, 2020, Irving Convention Center, Dallas, TX
All Upcoming Live Events