On Nov. 29, 2023, the U.S. Supreme Court heard oral argument in SEC v. Jarkesy.
Originally published in Law360 - February 16, 2024....more
For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are...more
4/3/2024
/ Administrative Hearings ,
Administrative Law Judge (ALJ) ,
Diversity and Inclusion Standards (D&I) ,
Imports ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Women in the Law
In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade Commission (ITC). In ruling, the court will...more
Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references. But the test for obviousness for design patents differs from the more familiar standards for utility...more
The International Trade Commission (ITC) is a popular venue for pursuing claims of patent infringement. Its fast procedural schedules and stringent remedies, including blocking infringing products at the United States border,...more
Autonomous vehicles are paving the way as the next big innovation in personal transportation. With new technology, first comes the excitement of breakthroughs in any industry. Then comes the patent litigation arguments over...more
The U.S. International Trade Commission (ITC) has a long reach over proprietary processes performed in foreign countries. Owners of patents covering, for example, methods for making a chemical material used to make other end...more
Although the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez is not related to either patent or administrative law, its effects on constitutional standing are broad-reaching and may insulate the Patent Trial and...more
Companies often consider trade secrets to be their crown jewels. But in the digital age, where copying and sending files is as easy as one click, protecting trade secrets has become even more challenging. Losing control over...more
8/17/2020
/ Civil Liability ,
Confidential Information ,
Criminal Convictions ,
Criminal Prosecution ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Economic Espionage Act ,
Guilty Pleas ,
Indictments ,
Non-Disclosure Agreement ,
Proprietary Information ,
Theft ,
Trade Secrets ,
Uber
The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims.
In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the...more
9/19/2016
/ Abstract Ideas ,
Animation ,
Claim Construction ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
DDR Holdings v Hotels.com ,
Enfish v Microsoft ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Software ,
Video Games