James Wodarski

James Wodarski

Mintz Levin

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Latest Publications


Apple v. Samsung Part IV: The Injunction May Not Be Dead

On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more

10/5/2015 - Abuse of Discretion Apple Apple v Samsung Article III eBay Test Injunctive Relief iPhone Irreparable Harm Nexus Patent Infringement Patent Litigation Patents Permanent Injunctions Public Interest Samsung Standing Vacated

ALJ Essex Elaborates an Evidence-Based Framework for Adjudicating the FRAND Defense

Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more

6/13/2015 - ALJ Burden of Proof Determination on Remand FRAND Injunctive Relief IP License ITC Patent Infringement Patent Royalties Patents SSO Standards-Essential Patents Wireless Devices

Belief That a Patent Is Invalid Is Not a Defense to Inducement Liability

The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense...more

5/31/2015 - Cisco Cisco v CommilUSA Good Faith Honest Belief Defense Induced Infringement Patent Infringement Patent Invalidity Patent Litigation Patents Popular SCOTUS

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

5/20/2015 - ALJ Discovery Dow Chemical Duty to Preserve Evidence ITC Misappropriation Sanctions Spoliation Trade Secrets

Patent Hold-Up or Patent Hold-Out? Judge Essex Adds His Voice to the SEP-FRAND Debate

Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more

7/11/2014 - FRAND Licenses Patent Litigation Patent-in-Suit Patents Standards-Essential Patents USPTO

International Trade Commission Takes Steps to Promote Early Adjudication of Dispositive Issues

On June 24, 2013, the International Trade Commission (“ITC”) announced a pilot program for early adjudication of potentially-dispositive issues in investigations. The pilot program is part of ongoing efforts by the ITC to...more

7/5/2013 - Adjudicatory Process Copyright Investigations ITC Judges Section 337

Federal Circuit Affirms ITC Jurisdiction for Non-Practicing Entities

On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...more

2/1/2013 - ITC Jurisdiction License Agreements Nokia Non-Practicing Entities Patent-in-Suit Patents Section 337

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