Civil Procedure International Trade Intellectual Property

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UPC Targets December 2017 Launch

The Preparatory Committee for the European Unified Patent Court (UPC) has indicated its intention that the UPC will become operational and the UPC Agreement will come into force in December 2017....more

New ITC Investigations Surge in 2016

The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016,...more

Charles Dickens And Copyright Law: Five Things You Should Know

One hundred and seventy five years ago, on January 22, 1842, Charles Dickens first set foot in America, specifically in Boston, after a twenty day steamship voyage from Liverpool. Dickens, only a few days shy of his thirtieth...more

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more

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

Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation

The United States International Trade Commission (“ITC”) is an independent, quasijudicial Federal agency with broad oversight over trade matters. In addition to trade practices such as dumping and subsidies, the ITC...more

Rx IP Update - December 2016

Janssen seeks leave to appeal to SCC regarding FCA decision upholding Minister of Health’s decisions relating to administrative drug submissions - As reported previously, on October 12, 2016, the Federal Court of Appeal...more

Why Chinese Companies Need to Exercise Caution When Attending Trade Shows in the United States

Over the past two years, owners of U.S. patents have used Chinese companies' appearances at a trade show as a patent infringement "trap." These patent owners have commenced patent infringement cases against Chinese companies...more

Case 168/09 Flos Spa V Semeraro Casa E Famiglia Spa

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and...more

International Harmonization of Trade Secret Rights and Remedies

In a recently unprecedented bipartisan effort the United States enacted the Defend Trade Secrets Act (DTSA) on May 11, 2016. What many in the US do not know is that less than 30 days later the EU passed European Union...more

Diamonds Are Forever, but Joint Ventures Are Not: Court Finds Claims Preempted by CUTSA in Business Deal Gone Bad

The holiday season is officially upon us: peppermint mochas have popped up on coffee shop menus, carols ring from department store speakers, and you can’t turn on the television without seeing at least three diamond...more

European “Intermediaries” May Be Forced To Take Active Measures Against Trademark Infringement Committed By Third Parties

Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more

French Justice In A California Court: Copyright, Picasso And The “Astreinte”

The peoples of France and the United States tend to view things very differently — Jerry Lewis, berets and processed cheese food, to name just a few. Law sometimes transcends this divide – for example, French and American...more

Supreme Court to decide whether supplying a component from the US to a manufacturing facility abroad can constitute patent...

On December 6, 2016, the Supreme Court heard oral argument in Life Tech. Corp. v. Promega Corp. addressing the circumstances under which a company may be subject to a finding of patent infringement of a US patent for shipping...more

Michael Jordan’s Great Win in China—or Is It?

On December 8, 2016, Beijing time, the China Supreme People’s Court issued a public decision granting Michael Jordan a win in his four-year battle over the right to own his name in Chinese characters. But the win was not a...more

U.S. Supreme Court to Hear Case on Patent Exhaustion

On December 2, 2016, the Supreme Court granted certiorari in a case regarding the scope of patent exhaustion, including whether foreign sales exhaust U.S. patent rights and if post-sale restrictions on patented items are...more

Supreme Court to Consider Patent Exhaustion for International Sales

Last Friday, the U.S. Supreme Court granted certiorari in the patent exhaustion case, Impression Products, Inc. v. Lexmark International, Inc., Docket No. 15-1189.  The Supreme Court’s decision in this case could...more

US Supreme Court to decide important patent exhaustion questions on foreign sales and post-sale restrictions

On Friday, December 2, 2016 the US Supreme Court decided to review a case involving two important patent exhaustion questions: (1) can foreign sales exhaust US patent rights and (2) can patent law be used to enforce...more

Stopping The Sale of Gray-Market Medical Devices

On November 3, 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was...more

EPO Enlarged Board of Appeal Finds the Cure For Poisonous Divisionals

At the end of 2012, a European Patent Office (EPO) Board of Appeal decision sent shockwaves through Europe; it concluded that a European divisional patent publication could be novelty destroying to the European parent patent...more

News from Abroad: Not One But Two Decisions Fine Tune the Australian Patent Office's Approach to Life Science Technologies

Two recent Australian Patent Office decisions have provided clarity as to the patentability of isolated nucleic acid sequences following the High Court's decision in D'Arcy v Myriad Genetics ('Myriad'). The first decision is...more

Rx IP Update - November 2016

Federal Court of Appeal opines on the framework for analyzing obviousness-type double-patenting - On November 4, 2016, the Federal Court of Appeal dismissed Apotex’s appeal in Apotex Inc v Eli Lilly Canada Inc, 2016 FCA...more

MoFo IP Newsletter - November 2016

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” - October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more

Supreme Court May Consider ITC’s Authority Over Trade Secret Matters

Here at TSW, we continue to watch closely developments in the Sino Legend v. ITC case. In September, Sino Legend petitioned the Supreme Court for a writ of certiorari to review whether Section 337 of the Tariff Act of 1930...more

McDermott International Legal Highlights November 2016

The New World of Global Tax Planning: a Checklist for Success - As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more

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