Daniel Yonan

Daniel Yonan

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Federal Circuit panel decision 2-1 reverses U.S. International Trade Commission determination that it has authority to regulate...

In ClearCorrect v. ITC, issued on November 10, 2015, the Federal Circuit interpreted the term “articles” as used in Section 337 to be tangible, physical items. Accordingly, electronic transmissions were held to be outside the...more

11/11/2015 - Administrative Authority Digital Data Electronic Data Transmissions Imports Intellectual Property Protection ITC Reversal Section 337

Federal Circuit overturns panel decision and upholds Commission in Suprema, Inc. v. International Trade Commission rehearing en...

En banc Court reverses panel decision 6-4 and upholds U.S. International Trade Commission determination that it has broad authority to address acts of induced infringement based upon post-importation conduct. Procedural...more

8/13/2015 - Chevron Deference Direct Infringement En Banc Review Imports Induced Infringement ITC Judicial Authority Patent Infringement Patent Litigation Patents Section 337

Commil USA, LLC v. Cisco Systems, Inc.

While the Supreme Court’s section 101 decisions may garner the biggest headlines, the high court has also invested significant efforts in the area of induced infringement. Commil v. Cisco, decided on May 26, 2015, marks the...more

5/28/2015 - Cisco Cisco v CommilUSA Good Faith Honest Belief Defense Induced Infringement Patent Infringement Patent Invalidity Patent Litigation Patents SCOTUS

Section 337’s Potential for Defending Biologics Market Share Against Biosimilars

Enforcement of biologic patents at the United States International Trade Commission under Section 337 provides certainty and tactical advantages to patent holders that are unavailable in district court under the BPCIA. For...more

4/17/2015 - Biologics Biosimilars BPCIA Discovery Enforcement FDA ITC Patent Infringement Patents Section 337

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

2/9/2015 - En Banc Review Importers Induced Infringement Infringement ITC Patent Litigation Patents Suprema

Practice Considerations Post Teva v. Sandoz

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, slip op. 574 U.S. __ (2015), the U.S. Supreme Court ruled that underlying factual issues resolved while formally construing a disputed patent claim term at the...more

1/30/2015 - Claim Construction De Novo Standard of Review Extrinsic Evidence Hatch-Waxman Patent Litigation Patents Pharmaceutical Patents SCOTUS Standard of Review Teva Pharmaceuticals Teva v Sandoz

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

4/4/2014 - ALJ Cease and Desist Digital Downloads Electronic Data Transmissions Imports ITC Patent Infringement

Federal Circuit issues opinion in Suprema, Inc. v. International Trade Commission

What’s at Stake? The panel majority held that exclusion orders under § 337 may not issue based on a theory of induced infringement where the direct infringement does not occur until after the articles are imported. The...more

12/23/2013 - Imports Induced Infringement ITC Patent Infringement Patents Section 337

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