December 21, 2018
Authored and Edited by Megan L. Meyers; Samhitha M. Medatia; Elizabeth D. Ferrill
In Laerdal Medical Corp. v. International Trade Commission, No. 17-2445 (Fed. Cir. Dec. 7, 2018), the Federal Circuit reversed the ITC’s determination that Laerdal failed to plead its trade dress claims with adequate detail. The Court also vacated the Commission’s decision that no relief was warranted against defaulting respondents and remanded for the Commission to determine the appropriate remedy after consideration of public interest concerns.
Referencing SAS Inst., Inc. v. Iancu and several other Supreme Court and Federal Circuit decisions, the Court determined the use of the word “shall” in 19 U.S.C. § 1337(g)(1) unambiguously requires the Commission to grant relief against defaulting respondents, subject only to public interest concerns if all elements of the statute are satisfied. In arriving at this conclusion, the Court looked to the statute’s plain text, context, purpose, legislative history, and the Commission’s own prior decisions. The Court held that the Commission must find a violation of the statute before issuing a remedy, but in the context of a defaulting respondent, that analysis occurs upon default. After institution of an investigation, the question of adequacy of the pleadings is “no longer a live one absent a challenge by a responding party.”
The Court found that it was undisputed that Laerdal met the prerequisites for finding a violation under § 1337(g)(1). Therefore, the Commission was required to presume all facts alleged in the complaint were true and provide the proper remedy, subject only to public interest concerns.
Copyright © 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
At the PTAB Blog
May 20, 2026
Webinar
Changes at the PTAB from Settled Expectations to Real Parties in Interest to Director Involvement
May 18, 2026
Webinar
Federal Circuit IP Blog
When “and” and “e.g.” Matter: Federal Circuit Revives VLSI vs. Intel Case
May 14, 2026
INCONTESTABLE® Blog
Netflix Prevails in Copyright Infringement Suit Regarding Tiger King
May 14, 2026
Federal Circuit IP Blog
Federal Circuit Affirms § 102(b) Invalidity; Source Code Commands Are Not Hearsay
May 14, 2026
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.