Since the passage of the America Invents Act (“AIA”) in 2011, Inter Partes Reviews (“IPRs”) before the Patent Trial and Appeal Board (“PTAB”) have assumed growing importance in patent litigation in federal district courts. ...more
In a recent decision in UV Curable Coatings for Optical Fibers, Inv. No. 337-TA-1031, Judge MaryJoan McNamara struck a respondent’s inequitable conduct defense, which the respondent based on the complainants’ conduct during...more
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
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
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
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
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
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 ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Suprema
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 ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm ,
Standard Essential Patents ,
Trademarks
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
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
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