International Trade Administrative Agency Civil Remedies

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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

MBHB Snippets: Review of Developments in Intellectual Property Law - Fall 2012 - Volume 10, Issue 4

In This Issue: Conducting Efficient Patent Litigation Discovery - The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront...more

Canada Modernizes Copyright Legislation

Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more

SEC Rejects Request to Stay New Extractive Industry Transparency Rule

On November 8, the Securities and Exchange Commission (“SEC”) rejected a request by industry groups to stay new regulations requiring disclosure of payments to governments relating to oil, gas, and mining projects. The...more

SEC Rejects Stay of Resource Extraction Rules

On November 8, 2012, the SEC rejected a motion to stay the resource extraction rules pending outcome of litigation challenging the validity of the rules....more

SEC’s Conflict Minerals Rule Challenged

On October 19, 2012, the National Association of Manufacturers and the U.S. Chamber of Commerce petitioned the D.C. Circuit Court of Appeals to request that the SEC’s scheme of disclosure related to so-called “conflict...more

Finding Ambiguity – The Future Of Mandatory Rule Making Under The Dodd-Frank Act

When Congress says that an agency “shall” adopt a rule, is there any room for discretion on the part of the agency? That was the question for U.S. District Court Judge Robert L. Wilkins in International Swaps & Derivatives...more

Court Vacates CFTC Position Limits Rules

Last Friday, September 28th, the U.S. Federal District Court in Washington, D.C. (“Court”) struck down the commodity speculative position limit rulemaking that the U.S. Commodity Futures Trading Commission (“CFTC”) had...more

Court Vacates CFTC’s Position Limits Rule

The CFTC’s final rule on position limits with respect to derivative contracts in 28 different physical commodities has been vacated and remanded back to the agency. Spot month limits under the rule had been set to go into...more

Arbitration Awards Made by the Shanghai and Shenzhen Subcommissions May Not Be Enforceable

On August 1, 2012, the China International Economic and Trade Arbitration Commission ("CIETAC") issued an announcement suspending its Shanghai and Shenzhen subcommissions. Subsequently, the Shanghai and Shenzhen...more

IP Buzz - July 2012

In this issue: - New Additions - IP Legal News And Updates - Announcements And Reminders An excerpt from News and Updates section "Sole Ownership of a Color? Louboutin Loses Appeal in French Court in...more

Private enforcement: An overview of EU and national case law

2011 marked the ten year anniversary of the seminal Courage v. Crehan ruling of the Court of Justice, so it seems appropriate to take stock. In the last ten years there have been a lot of developments, indeed, a true...more

The Recent Enhancements To The Italian Bankrtupcy Law

On 15 June 2012 the Italian Government enacted the legislative decree known as decreto sviluppo (the “Decree”) that, among others, includes provisions enhancing the restructuring proceedings under the Italian Bankruptcy Law...more

FRAND Defence in German Courts: Remedy Against Standard-Essential Patents?

Standard setting is considered an inevitable process nowadays. It enables the interoperability of products and services from different vendors. The telecommunication sector, for example, is heavily penetrated by standards,...more

The International Trade Commission: A Powerful Alternative for Patent Holders

What does a patent holder do when component parts that infringe one or more of its patents are imported into the United States? Traditionally, the answer has been to send the manufacturer or importer a cease-and-desist letter...more

California Congressman Floats Draft Legislation That Would Make Fundamental Changes To Intellectual Property Litigation At The...

Congressman Devin Nunes (R-CA) has prepared draft legislation that would make significant changes to intellectual property litigation at the U.S. International Trade Commission. Such proceedings are conducted pursuant to...more

Spain’s Employment Law and 2012 Labor Reform

In the face of a growing economic crisis, a 23% unemployment rate and an unemployment rate of 50% affecting the youth, the Spanish Parliament recently passed drastic reforms relevant to Spanish labor law known as Royal Decree...more

China's Supreme Court Issues New Rules On Civil Cases Based On Monopolistic Conduct

On May 8, 2012, the Supreme Court of China issued new “Rules on the Application of Law on Civil Cases Concerning Monopolistic Conduct” (the “Rules”). The Rules clarify some of the questions concerning anti-monopoly cases...more

ACTA: The Public Revolt

The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the...more

CBP Adds a New Tool to its Anti-Counterfeit Arsenal: New Rule Brings IP Rights Holders into Pre-seizure Investigative Process

Tuesday, April 24, 2012, U.S. Customs and Border Protection (“CBP”) issued a new Interim Rule that, effective immediately, enhances the effectiveness of its anti-counterfeit operations. 77 Fed. Reg. 24,375. The rule amends...more

Real Estate Legal News - April 4, 2012 • Spring Edition

IN THIS ISSUE: - Michigan Legislature Reacts Quickly To Dramatic Nonrecourse Liability Decisions Michigan became the focus of national attention in the world of commercial real estate finance in December, when the...more

CIETAC's New Arbitration Rules

The China International Economic and Trade Arbitration Commission (“CIETAC”) recently adopted revised arbitration rules (“Revised Rules”), to be effective on May 1, 2012. The Revised Rules replace the rules that became...more

A Month in UK Employment Law - March 2012

In This Issue: A monthly newsletter covering the latest developments in UK Employment Law. Case Update - 1 News Update - 4 Excerpt from Case Update: TEAM MOVES AND SPRINGBOARD INJUNCTIONS In the recent case...more

Second Circuit Stays District Court’s Refusal To Approve SEC-Citigroup Settlement

The Second Circuit’s decision in SEC v. Citigroup Global Markets Inc., Dkt No. 11-5227-cv-(Lead) (2d Cir. 2012), presents issues related to international practice only indirectly. But the principles are of significance and...more

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