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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

Issues To Consider Before Monetizing Standard-Essential Patents By Sale Or Enforcement

Companies that participate in standard setting organizations (“SSOs”) typically agree to license any patents essential to practice the standard on reasonable and non-discriminatory terms (“RAND” or, adding fair, “FRAND”...more

Give It Back! Disgorgement – Another FTC Arrow against Reverse-Payment Settlements that Delay Generic Entry

If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from...more

Antitrust Treble Damages for Patent Infringement? Yes, According to Groundbreaking Decision

The Eastern District of Texas recently held that patent infringement can constitute anticompetitive conduct for monopolization claims under Section 2 of the Sherman Act, in Retractable Technologies Inc. v. Becton Dickinson &...more

Defendants' Response to Myriad's Preliminary Injunction Motions - Myriad Genetics v. Ambry Genetics Corp. and Myriad Genetics v....

Last month, Ambry Genetics and Gene By Gene responded to Myriad's motion for preliminary injunction in a 109 page brief that sets out its invalidity case as well as the basis for its antitrust counterclaims. Supported by...more

The International Trade Commission: Easier Injunctive Relief-Except for Standard-Essential Patent Holders

Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more

Latest Developments On Injunctive Relief For Infringement Of FRAND Encumbered SEPs

This memorandum is directed to the current state of the case law in the U.S. International Trade Commission (ITC or “Commission”), the U.S. Federal Trade Commission (FTC) and the U.S. District Courts for parties seeking to...more

U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

Supreme Court in Actavis: analyze reverse-payment settlements' anticompetitive effects case by case

In a much-anticipated decision, the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively ulawful but rather...more

Private Actions in Competition Law: European Commission Proposes a New Directive on Antitrust Damages Actions in the EU

On 11 June 2013, the European Commission (the “Commission”) proposed a new Directive on private damages actions for breaches of EU competition law. This note highlights the key changes proposed by the Commission, which, if...more

Protecting Trade Secrets In China

Trade secrets were first introduced into China law through the Article 10 of the “Anti-Unfair Competition Law of China” (effective Dec. 1, 1993)....more

ITC Section 337 Update - June 3, 2013

Commission Publishes More New Rules On General Discovery Limitations, E-Discovery Limitations, And Claiming Privilege Or Work Product Protection – On May 15, 2013, the Commission published Amendments (78 Fed. Reg....more

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

Standard Essential Patents Come Under Scrutiny of the DOJ, FTC, and PTO

Introduction - Increased public and regulatory attention has been recently given to litigation remedies available to standard essential patent (“SEP”) holders who have committed to offer patent licenses on fair,...more

Free Product Distribution or Discounted Component Distribution Likely Does Not Exhaust Patent Rights

In LifeScan, Inc. v. Shasta Technologies, LLC, 2013 U.S. Dist. LEXIS 38677 (N.D. Cal. Mar. 19, 2013), Judge Davila granted plaintiff’s motion for a preliminary injunction to address claims of patent infringement, and...more

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies...

On January 8, 2013 – less than a week after the Federal Trade Commission ("FTC") entered into a consent order with Google,[1] under which Google is generally banned from seeking injunctions on its F/RAND[2] -encumbered...more

Recent FTC Developments Regarding Standard Essential Patents

The FTC recently issued two decisions and proposed consent orders concerning Section 5 of the Federal Trade Commission Act (“FTCA”) and standard essential patents (“SEPs”). Not only do these decisions emphasize the...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

"FTC Ends Google Investigation With a ‘Slap on the Wrist’"

On January 3, 2013, the Federal Trade Commission (FTC) ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a “slap on...more

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

Watch Your Assets Series Part Four: Key Injunction Strategies

In this series of blog posts, we have examined the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who have solicited clients...more

Direct Purchasers Can Bring Walker Process Claims

In Ritz Camera & Image v. SanDisk Corp., No. 2012-1183 (Fed. Cir. Nov. 20, 2012), the Federal Circuit held that direct purchasers have antitrust standing to bring Walker Process claims....more

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