Civil Procedure International Trade Intellectual Property

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Full Federal Court confirms isolated nucleic acids are patentable in Australia

• The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia. • The decision is in contrast to the recent decision of the US Supreme Court, which held a...more

Patent Protection for Isolated Genetic Sequences Upheld in Australia

Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not...more

Preparing to Defend a Section 337 Action: What District Court Litigators Need to Know

The U.S. International Trade Commission (“ITC” or “the Commission”) is an important venue for patentees. Cases are guaranteed a decision within sixteen months of the institution of the investigation and success provides...more

ITC Section 337 Update

ITC Judge Gildea Finds NPE Established Domestic Industry - In 884 Investigation – On August 29, 2014, ITC Judge James Gildea issued a Notice of Initial Determination (“ID”) finding a violation by reason of infringement...more

Effect of foreign patent proceedings on U.S. patent litigation

Prosecution and litigation of patents in foreign jurisdictions may have an impact on the enforcement of their corresponding U.S. patent rights - In today’s global marketplace, it is common for patent owners to file for...more

Is Deadmau5 a Dead Mouse?

With the NFL season in full swing and my fantasy football league thus far undefeated, as well as some really interesting tech stuff on fashion week, I really wanted to focus on something fascinating and fun on this...more

Federal Circuit Reverses ITC Violation of Its Own Rules

Align Technology, Inc. v. U.S. Int’l Trade Comm’n - The U.S. Court of Appeals for the Federal Circuit reversed a ruling by the International Trade Commission (ITC, the Commission), finding that, under the ITC’s rules,...more

Federal Circuit Rejects Writ of Mandamus Concerning Waiver of Argument

In re Nokia Inc. and Nokia Corp. - In a brief order, the U.S. Court of Appeals for the Federal Circuit denied a writ of mandamus filed by Nokia Corporation seeking to compel the U.S. International Trade Commission to...more

ITC Section 337 Update – August 29, 2014

Northern District Court Of Illinois Contemplates Holding Asserted Patent Unenforceable Based On Breach Of FRAND Commitment – On July 23, 2014, Judge James Holderman issued an Order to Show Cause and Jury Verdict in...more

Characterization as “Essential Element” Amounts to a Disavowal of Scope

X2Y Attenuators, LLC v. International Trade Commission - Addressing the impact of an alleged disclaimer made in a patent on which asserted patents relied for priority, the U.S. Court of Appeals for the Federal Circuit...more

Guest Post: Myriad-Mayo Guidance -- Consistency With International Harmonization and TRIPS

It is strongly arguable that insofar as the USPTO's Myriad-Mayo Guidance dismisses as non-eligible newly isolated substances (including small molecules), nucleotide sequences and microorganisms having new utility (US...more

Revenue-Driven Licensing Activities Fail to Satisfy Domestic Industry Requirement for ITC Action

The ALJ terminated the ITC investigation upon granting respondent's motion for summary judgment for lack of domestic industry, finding that the complainant's (a licensing entity) patent-related activities were solely...more

ITC Section 337 Update – August 2014

Fifth Annual "Live at the ITC" – On July 30, 2014, the Fifth Annual Forum on Section 337 and Other Developments at the U.S. International Trade Commission, entitled Live at the ITC, was co-sponsored by the ABA-IPL...more

Colors, Words, and Colours: Pink with Envy

It has been nearly a year since we posed the age-old question: Does this Pink Clash with My Pink? Okay, so it’s not that old of a question. In fact, most of you (readers) may not have ever considered the inquiry....more

News from Abroad: The Regretful Patentee -- The Re-Emergence of File Wrapper Estoppel & Equivalence in the UK

For the best part of 10 years, since the judgment of Lord Hoffmann in Kirin-Amgen v Hoescht Marion Roussel, it has been widely assumed that there is no file wrapper estoppel in the UK and no doctrine of equivalents either. ...more

ITC Issues Its First Stay of a CDO - In the matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making...

For the first time the U.S. International Trade Commission (U.S. ITC) issued a stay of a cease and desist order (CDO) issued at the conclusion of an investigation under § 337 of the Tariff Act. In the matter of Certain...more

News from Abroad: New Zealand's New Patents Act

After a protracted gestation period, the New Zealand's Patents Act 2013 will take full effect on 13 September 2014. The new Act represents the first major refresh of New Zealand's patent legislation in 60 years, and brings...more

The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use

As any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar applications, unreasonably stringent...more

The USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements

The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural...more

The Court of Justice of the European Union Strengthens Unregistered Community Design Rights

The Court of Justice of the European Union (“CJEU”) issued its decision in Karen Millen Fashions Ltd v Dunnes Stores (C-345/13) on June 19, 2014, providing guidance on litigating unregistered Community designs and...more

ITC Section 337 Update – July 2014

Commission Affirms No Domestic Industry Based On Research And Development In 859 Investigation – On July 21, 2014, the Commission issued a Notice To Affirm In Part, Reverse In Part And Vacate In Part The Final Initial...more

YouTube case changes rules on Internet liability

The Internet liability regime for hosting providers have been subject of different interpretations by courts in Italy and a new interesting position came up with the decision of the Court of Turin (Italy) involving YouTube...more

Federal Circuit Says Commission Must Toe the Line in Invisalign ITC Case

In Align Technology, Inc. v. International Trade Commission, the Federal Circuit held that ITC action that violated ITC’s own regulations warranted vacatur under the Administrative Procedures Act. While the case addresses...more

Federal Circuit Makes ITC Comply With Its Own Rules

In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of...more

Where Should Foreign Patent Protection Be Pursued?

Once a client has made a decision to file a patent application, invariably, at some point during the patent procurement process, assuming foreign protection is not barred, the client will be asked whether it desires to pursue...more

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