G. Brian Busey

G. Brian Busey

Morrison & Foerster LLP

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ITC Commissioners Divided Over Standards For Cease And Desist Orders

Recent decisions by the Commission highlight a split among the Commissioners over the proper standard for issuing cease and desist orders. The majority of Commissioners appear to agree that the determination regarding...more

3/21/2017 - Cease and Desist Orders Infringement ITC Section 337 Split of Authority

Checking In On ITC Pilot Program For Redesigns

Since February 2015, when the U.S. International Trade Commission announced its pilot program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products, the commission has...more

3/2/2017 - Cease and Desist Orders Design Patent ITC Patent Infringement Patent Litigation Patents USPTO Pilot Program

Lithium Metal Oxide Cathode Materials: Commission Grants Relief after First Oral Hearing in a 337 Investigation in 10 Years

On January 26, 2017, after taking the unusual step of ordering a full International Trade Commission oral hearing to consider issues including laches, remedy, and public interest, the Commission issued a limited exclusion...more

3/2/2017 - Exclusion Orders Induced Infringement Initial Determination (ID) ITC Lithium Batteries Patent-in-Suit Patents Section 337

Certiorari Denied For $6.2 Million Consent Order Violation Based On a Patent Later Held Invalid

On November 28, 2016, the U.S. Supreme Court denied a writ of certiorari seeking appeal of the Federal Circuit’s decision to uphold the ITC’s imposition of a $6.2 million penalty against DBN, Inc. and BDN LLC (collectively,...more

2/15/2017 - Amicus Briefs Certiorari Consent Order ITC Patent Infringement Patent Invalidity Patents

ITC Proceedings under the Pilot Program for Redesigns and New Products

Since February 2015, when the ITC announced its Pilot Program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products, the Commission has issued four decisions under the...more

1/31/2017 - Cease and Desist Orders Design Patent ITC Patent Infringement Patent Litigation Patents USPTO Pilot Program

Top Developments at the ITC in 2016

In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of...more

1/6/2017 - Exclusion Orders Extraterritoriality Rules Inter Partes Review (IPR) Proceeding ITC Patent Trial and Appeal Board Patents Section 101 Trade Secrets US Steel

En banc Federal Circuit Affirms ITC’s Authority to Issue Exclusion Orders for Induced Infringement of Method Claims

Reversing an earlier panel decision, the en banc Federal Circuit confirmed that the ITC has the authority to issue exclusion orders against imported products that ultimately are used to infringe method claims, even if those...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

IP Newsletter - April 2015

In This Issue: - Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision - EU Copyright: No Resale of Digital Content Except for Software? - Qualcomm Agrees to $975 Million Fine and...more

4/13/2015 - Broadest Reasonable Interpretation Standard China Copyright EU Fraud ITC Jurisdiction Patent Trial and Appeal Board Patents Qualcomm Standard Essential Patents Trademarks

ITC Pilot Program to Expedite Rulings on Whether Exclusion Orders Cover Redesigns and New Products

On February 24, 2015, the ITC announced a new pilot program to decide whether redesigns or new products are covered by ITC exclusion orders. The announced goal of the program is to test the use of expedited procedures for the...more

3/3/2015 - Advisory Opinions Appeals Design Patent Exclusion Orders Federal Pilot Programs Inter Partes Review (IPR) Proceeding ITC NPRM

Strategic Considerations in Litigating Design-Arounds - Vol. 20, No. 6

Design-arounds are a well-recognized pathway for the public to benefit from the patent system. “One of the benefits of a patent system is its so-called ‘negative incentive’ to ‘design around’ a competitor’s products, even...more

12/3/2014 - Competition Innovation ITC Patent Litigation Patents

ITC Reasserts Jurisdiction over Electronic Transmissions in Digital Models

On April 3, 2014, the International Trade Commission (the ITC or the “Commission”) released an opinion in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental...more

4/8/2014 - Electronic Communications ITC Section 337

Federal Circuit Limits ITC Power over Induced Infringement

On December 13, 2013, the Court of Appeals for the Federal Circuit released an opinion in Suprema v. International Trade Commission that significantly restricts the scope of the International Trade Commission (“ITC”)’s power...more

12/18/2013 - Covered Business Method Patents Induced Infringement Infringement ITC Patents

ITC Rolls Out Pilot Program for Early Termination of Section 337 Investigations

On June 24, 2013, the United States International Trade Commission (“ITC” or “Commission”) unveiled a new pilot program aimed at providing expedited Section 337 investigations without the burden and cost of a full-length...more

7/5/2013 - Investigations ITC New Legislation Section 337 Termination

ITC Requires Early Evidentiary Hearing in Investigation Initiated by NPE

Commentators have expressed concerns over the rising tide of complaints filed by non-practicing entities (NPEs) in the United States International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act....more

4/1/2013 - Evidence ITC Non-Practicing Entities Patents Tariff Act of 1930

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