Aarti Shah

Aarti Shah

Mintz Levin

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Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

8/18/2015 - Appeals Chevron Deference En Banc Review Imports Induced Infringement ITC Jurisdiction Patent Infringement Patents Reversal Section 337 Suprema

Draft Legislation Proposes Favorable Treatment for Intellectual Property Transferred to the United States

On July 29, Representatives Charles Boustany, Jr. (R-La.) and Richard E. Neal (D. Mass.) introduced draft legislation to the House Ways and Means Committee that would provide favorable tax treatment on certain intellectual...more

8/14/2015 - Foreign Subsidiaries Innovation Innovation Box Innovation Promotion Act Patents Pharmaceutical Manufacturers Proposed Legislation Repatriation Tax Credits Technology Sector Ways and Means Committee

ClearCorrect v. ITC: Federal Circuit Hears Argument in Case Which Will Decide Whether ITC Has Jurisdiction Over Digital Imports

On Tuesday, August 11, the Federal Circuit heard oral arguments in ClearCorrect v. International Trade Commission, a case that will decide whether the ITC has the power to exclude intangible items that are imported digitally...more

8/13/2015 - Chevron Deference Digital Media Entertainment Industry Imports Induced Infringement ITC Patent Infringement Patents

Suprema v. ITC: En Banc Federal Circuit Overturns Panel Decision, Finds ITC Has Jurisdiction Over Induced Infringement of Method...

Yesterday morning, the full Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC and reversed the controversial Federal Circuit opinion that had effectively precluded the International Trade Commission from...more

8/12/2015 - Covered Business Method Patents Direct Infringement En Banc Review Imports Induced Infringement ITC Patent Infringement Patent Litigation Patents Section 337 Suprema

ALJ Shaw Confirms ITC’s Post-Suprema Authority to Exclude Articles That Infringe After Importation Based on Contributory...

The International Trade Commission has recently released the public version of the Administrative Law Judge’s Final Initial Determination in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices,...more

8/11/2015 - Contributory Infringement Imports Indirect Infringement ITC Patent Infringement Patents Suprema

ITC Sheds Light on Economic Prong of Domestic Industry Under Subsection 337(a)(3)(C) and Issues General Exclusion Order

On June 26, 2015, the ITC handed down its Commission Opinion in Certain Loom Kits for Creating Linked Articles, Inv. No. 337-TA-923, Comm’n Op. (Feb. 3, 2015) (hereinafter “Loom Kits ”), granting a general exclusion order. ...more

7/7/2015 - Bitcoins China Domestic Industry Requirement ITC Patent Infringement Patent Litigation Patents

FTC and DOJ: The PTO’s Efforts to Enhance Patent Quality Will Promote Competition, Innovation and Consumer Welfare

On May 6, 2015, the U.S. Department of Justice (“DOJ”) and U.S. Federal Trade Commission (“FTC”) submitted public comments to the U.S. Patent and Trademark Office (“PTO”) commending the PTO for its efforts to enhance patent...more

5/8/2015 - DOJ FTC Innovation Patents Quality Assurance Programs USPTO

USITC Declines to Institute Investigation of Induced Patent Infringement as Unfair Method of Competition or Unfair Acts

In a recent decision, the International Trade Commission rejected a petitioner’s attempt to use allegations of unfair competition and unfair acts as a possible way of working around the Federal Circuit’s bar on claims of...more

3/24/2015 - Electronics Induced Infringement ITC Patent Infringement Patents Popular Unfair Competition

U.S. International Trade Commission Institutes Investigation Under 100-Day Pilot Program Examining Complainant’s Standing to File...

The U.S.I.T.C. instituted its first investigation under its 100-day pilot program for early determination of a specific potentially case-dispositive issue....more

3/23/2015 - Electronics Government Investigations Imports ITC Manufacturers Standing

The En Banc Federal Circuit Hears Argument in Suprema, Inc. v. ITC

On Thursday, February 5, 2015, the en banc Federal Circuit heard oral argument in the matter of Suprema, Inc. v. ITC, reviewing its controversial panel decision holding that in ITC investigations induced infringement cannot...more

2/13/2015 - Imports Induced Infringement Infringement Intellectual Property Litigation Patent Infringement Patent Litigation Patents Section 337 Software

Fed. Circuit: No “Bright Line Rules” For Determining RAND Royalties; Rejects District Court Method of Computing RAND Royalty Rates

Courts in the last two years have grappled with what methodology to apply to determine a reasonable royalty rate for infringed patents subject to “Reasonable and Non-Discriminatory,” or “RAND,” encumbrances. On December 4,...more

12/10/2014 - Appeals Ericsson Patent Infringement Patents RAND Royalties Utilization Calculations

CAFC to Rehear Suprema: Disposition Could Have Significant Repercussions for ITC Jurisdiction

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC., Case No. 2012-1170 (Fed. Cir.). This rehearing reviews the controversial Federal Circuit opinion holding that “an...more

12/1/2014 - En Banc Review Induced Infringement ITC Oral Argument Patent Infringement Patent Litigation Patents Petition For Rehearing

A Brief Synopsis of the Issues Confronting the Federal Circuit in the En Banc Rehearing of Suprema, Inc. v. ITC

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC.1 This rehearing reviews the controversial Federal Circuit opinion holding that “an exclusion order based on a...more

11/26/2014 - Direct Infringement Induced Infringement ITC Oral Argument Patent Infringement Patent Litigation Patents Petition For Rehearing

Could Federal Circuit Decision Weaken FRAND Defense?

On Monday, May 5, 2014, the Court of Appeals for the Federal Circuit, by transferring the Microsoft v. Motorola case to the Court of Appeals for the Ninth Circuit, issued an order which may significantly impact the ability of...more

5/8/2014 - Appeals Equitable Relief FRAND Microsoft Motorola Patent Infringement Patent Litigation Patents Standards-Essential Patents

How Will ITC Confirmation That It Has Jurisdiction Over Digital Imports Impact Software and Media Industries?

The International Trade Commission (ITC) issued its much-awaited decision in Certain Digital Models today, affirming in a decision with important implications for the software and media industries that digital importation is...more

4/7/2014 - Digital Goods Imports ITC Jurisdiction

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