International Trade Intellectual Property Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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ITC Section 337 Update – March 2017

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

ITC Reschedules Oral Argument

As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in...more

ITC Grants Oral Argument

As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337...more

Doing Business in the UAE

Country Background - Formed on 2 December 1971, the UAE is a federal state of seven emirates comprising Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. The UAE federal constitution...more

Top 12 EU Legal Developments to Watch in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more

Korean Ruling Places Qualcomm’s Business Model at Risk

On December 28, 2016, the Korean Fair Trade Commission (KFTC) issued a steep fine (“KFTC Ruling”) against Qualcomm for antitrust violations in patent licensing and modem chip sales – a record penalty that the U.S. company...more

Facelift for Two Millennials: DOJ and FTC Update Guidelines for IP Licensing and International Enforcement

More than 21 years ago, the US antitrust agencies issued guidance to the business community on two critical topics of antitrust enforcement: (1) the licensing of intellectual property rights and (2) international enforcement...more

"Agencies Release Updated Guidelines for IP Licensing and International Enforcement and Cooperation"

On January 13, 2017, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued revised Antitrust Guidelines for the Licensing of Intellectual Property...more

[Event] Recent Developments in EU Antitrust Enforcement - Jan. 17th, Silicon Valley - Jan. 18th, San Francisco - Jan. 19th, Los...

This seminar will address key antitrust and competition issues affecting the European market now....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

EU Retail News - December 2016

In 2010, two business school graduates launched Birchbox; a monthly subscription service to a box filled with sample-sized beauty products from over 309 brands. Birchbox has solved one of the most significant barriers to...more

A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program

On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more

ITC Section 337 Update – August 2016

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

Ways Manufacturers Can Shut Down Unauthorized Resellers

The internet has become a dominant marketplace for consumer products and services. Historically, high capital costs of warehouse and storefront facilities tended to discourage unauthorized resellers from becoming a...more

Key legal Brexit issues for retailers

Uncertainty has dominated the reaction of the retail market to Brexit. Whilst most retailers are therefore adopting a "wait and see" approach, there is a general consensus that retailers that import heavily will be most...more

EU Court Rules That Royalties for Unpatented Technology Are Not Necessarily Anticompetitive

On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as precluding effect being...more

What Does Brexit Mean for Franchisors?

The coming negotiation over the specifics of the UK’s departure from the EU is an unfortunate necessity that follows from the UK’s unfortunate “leave” vote on June 23, 2016. It is too early to know what the relationship...more

Brexit: How a Departure from the European Union Could Impact Your Dispute in the United Kingdom

If the United Kingdom (UK) votes to depart from the European Union (EU), the potential impact on litigation in the UK ranges from profound to negligible. Some UK laws owe their existence to direct European legislation, and...more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

US Regulators Investigate Chinese Steelmakers for Hacking Trade Secrets

The U.S. International Trade Commission (“ITC”) last week launched an investigation into United States Steel Corporation’s (“U.S. Steel”) complaint that Chinese hackers stole trade secret information—including proprietary...more

Anti-Competitive Conduct Claims In ITC Section 337 Cases

Last week in Investigation No. 337-TA-1002 (certain carbon and alloy steel products); the U.S. International Trade Commission instituted an investigation of imported steel products from China. The investigation will include...more

Guest Post -- Keeping an Eye on Patent Trolls

The Question Worth Pondering: Innovation Provokers or Idea Thieves? - In the past five years Cisco and J.C. Penney have spent close to $350 million fending off demands from patent trolls, which are more politely known...more

In re Certain Activity Tracking Devices, Systems, and Components Thereof

Pepys (17th century) recorded his sleep patterns, so wearable devices that record sleep patterns unpatentable? On April 27, 2016, the U.S. International Trade Commission (ITC) issued an Order indicating that two patents...more

EU Retail News - May 2016

UK: How to comply with consumer protection laws — are you faking it? On 4 March 2016, the UK Competition and Markets Authority ("CMA") published guidance for businesses on how to comply with consumer protection law...more

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