International Trade Intellectual Property Civil Procedure

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Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

Air Jordan Grounded in China

Michael Jordan is considered by many to be the greatest basketball player of all time. Beyond his five MVP trophies and six NBA championship rings, however Jordan also was the one of the most widely marketed athletic...more

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

The Future European Patent System: Update on the Latest News

Following our note “The Future European Patent System: Being Prepared,” we report here on the very latest news on the implementation of the major changes to the European patent system. In recent weeks, there has been...more

Can You File an RCE in That U.S. National Stage Application?

Since the implementation of the America Invents Act on September 16, 2012, and the Technical Corrections Act on January 14, 2013, Applicants have been able to delay submission of an executed inventors’ oath/declaration in a...more

FTC Commissioners Weigh in on FRAND Debate

Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

RMF Pro Bono Case “Under Reconsideration” as a Result of New Trade Legislation

On June 29, 2015, President Barack Obama signed the Trade Adjustment Assistance Reauthorization Act of 2015 (“TAARA 2015”) into law as part of the Trade Preferences Extension Act of 2015, which gave President Obama "fast...more

A Tale Of Trade And Trademarks: General Cigar Co., Inc. v. Empresa Cubana Del Tabaco

The United States has taken several recent steps towards normalizing its ties with Cuba and, just yesterday, the two countries re-opened embassies in each other’s capitals for the first time since 1961. Despite these...more

Writing on Her Own Behalf, Chairwoman Ramirez Takes a Position on FRAND

Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more

ITC Section 337 Update - July 2015

ALJ Shaw Finds No Violation In 921 Investigation – On July 2, 2015, Administrative Law Judge David Shaw issued a 320-page Final Initial Determination On Violation And Recommended Determination On Remedy in Certain Marine...more

Lego Mark Wars: Toy Giant Snaps Together Two Favorable 3D Trademark Rulings in Europe

On June 16, 2015, Lego Juris A/S obtained two favorable decisions from the General Court of the European Union which will afford protection to famous Lego “minifigure” as a three-dimensional (3D) trademark; a protection that...more

IP Newsletter - July 2015

In This Issue: - En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6 - Supreme Court Rejects Belief of Invalidity Defense for Inducement in Commil...more

B.C. Court of Appeal Finds Google Subject to B.C. Jurisdiction

More than ever before, foreign companies with websites accessible by Canadians should consider whether their online activities—even mere data gathering—put them at risk of being subject to the jurisdiction of a Canadian...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

News from Abroad: Ariosa Diagnostics V Sequenom and Isis Innovation -- A European View

The June 12, 2015 decision of the Federal Circuit in the above case has been discussed by Kevin Noonan in his posting of 22 June, but it is believed that the factual and legal background could benefit from further discussion....more

Design Patents and the Hague Agreement

Design patents protect the visual characteristics or aspects (e.g., appearance, ornamentation) of any article of manufacture. A design patent can be used to prevent competitors from producing similar items (e.g., knock-offs)...more

License Dispute Is Remanded To Court Of Chancery

Plaintiffs seek a TRO to prevent defendant from advancing a suit in the Intellectual Property Court of Taiwan. The parties here are parties to a license with a forum selection clause whereby the parties “irrevocably consent...more

Free Wi-Fi: German Court Seeks Clarification in Luxembourg

Compared to other countries, Germany lags behind when it comes to free Wi-Fi spots. A recent study conducted by the Association of the German Internet Industry has shown that of around one million public hotspots in Germany...more

Copyright levies on memory cards for mobile phones: another landmark decision from the CJEU (Case C-463/12)

Questions of copyright levies are hotly debated, since the decision as to whether such levies have to be payed or not has a significant influence on the price of the affected technical products and the movement of these goods...more

Helios Software, LLC, et al. v. Spectorsoft Corporation, C.A. No. 12-81 – LPS, June 2015

Stark, C. J. Defendant’s motion for clarification and reconsideration of a 9/18/14 opinion is granted with respect to damages outside the U.S. and willfulness. It is denied with respect to denial of defendant’s motion for...more

News from Abroad: High Court of Australia Hears Myriad Appeal

The High Court of Australia today heard the long anticipated appeal from the unanimous decision of a 5-judge bench of the Full Federal Court to allow Myriad's claims to isolated nucleic acids. The question before the...more

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