In Vizio, Inc. v. Int'l Trade Comm'n, No. 09-1386, the Federal Circuit faced a challenge to the final determination of the International Trade Commission that the importation and sale of certain digital television products violated section 337 of the Tariff Act based on its finding that the accused products infringed a particular patent. In affirming in part, the court held that the Commission's construction of the term "channel map information" is correct and also, that the Commission correctly concluded that defendants failed to sustain their burden of proving that the asserted claims are invalid. However, the court reversed the Commission's determination that the "work-around products" infringe as the Commission erred in its finding that the claims do not require that the channel map information be capable of being used.
Deere & Co. v. Int'l Trade Comm'n, No. 09-1016, concerned a challenge to the judgment of the International Trade Commission finding that the sales of European version self-propelled John Deere forage harvesters in the U.S. by intervenors did not violate section 337 of the Tariff Act. In vacating the decision, the court held that, although the Commission's determination that the sales of the European-version harvesters in the U.S. by official Deere dealers were authorized is supported by substantial evidence, the Commission improperly applied the "all or substantially all" test.