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International Trade Science, Computers & Technology Civil Procedure

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Supreme Court Expands Scope of Patent Exhaustion

by Stinson Leonard Street on

In Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court recently held that a patent owner's initial sale of a product, in the U.S. or in a foreign country, exhausts all of the U.S. patent rights in...more

Senate Subcommittee Holds Hearing On Cross-Border Data Warrants

by King & Spalding on

On May 24, 2017, the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing on issues related to warrants for data stored abroad by U.S. entities and possible reforms of the Electronic Communications...more

Trade Secrets May Retain Protections Despite Disclosure to Single Competitor

by Seyfarth Shaw LLP on

The Ninth Circuit recently held in United States v. Liew that it was not plain error for the district court not to instruct the jury that disclosure “‘to even a single recipient who is not legally bound to maintain [a trade...more

For Patent Infringement, Sold Property Is All Yours

by Strasburger & Price, LLP on

When do patent rights end? If you buy a patented invention, is it your property in the same way that you can do with a pair of pants as you please after purchasing it? ...more

Supreme Court's Lexmark Decision Expands Scope of Patent Exhaustion Defense

by Fenwick & West LLP on

For the fifth time this session, and following fast on the heels of its landmark decision in TC Heartland v. Kraft Foods earlier in May, the Supreme Court again reversed the Federal Circuit. The case, Impression Products,...more

The Supreme Court Rules that Patent Rights are Exhausted by a Sale, in the U.S. and Abroad

The Supreme Court issued a 7-1 ruling in Impression Prod., Inc. v. Lexmark Int'l, Inc. that eliminated the ability for a patent holder (“patentee”) to enforce, through patent law, post-sale restrictions on an authorized...more

The World in US Courts: US Supreme Court limits patent infringement claims after ex-US sale - a special note from the World in US...

On May 30, the US Supreme Court issued a decision in Impression Products, Inc. v. Lexmark Int'l, Inc., which changed the settled law of "international patent exhaustion"—whether a US patent infringement suit may be brought in...more

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

May 2017: Asia-Pacific Litigation Update

Japan Litigation Update—Libel Case Defines Privacy Rights as to Internet Search Engines. The Japanese Supreme Court issued a decision regarding privacy that also has implications for third-party internet sites that contain...more

Supreme Court Expands Patent Exhaustion, Leaving Many Unanswered Questions, Including Effects on Copyright Law's First-Sale...

by Lathrop Gage on

On May 30, 2017, the United States Supreme Court expanded the concept of patent exhaustion. Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (U.S. May 30, 2017)....more

Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers

by Dorsey & Whitney LLP on

The Supreme Court ruled yesterday that Lexmark’s decision to sell its patented printer ink cartridge exhausted all of its patent rights in that cartridge, regardless of any contractual restrictions Lexmark attempted to impose...more

Rx IP Update - May 2017

by Smart & Biggar on

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazodone drug submission - On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that...more

U.S. Supreme Court Rules That Domestic and Foreign Sales of a Patented Article Exhaust All Patent Rights

On May 30, 2017, the U.S. Supreme Court set forth a bright-line patent exhaustion rule, holding that both domestic and foreign sales exhaust all rights under the Patent Act. Chief Justice John Roberts authored the opinion for...more

Supreme Court Curtails After-Market Reach of Patent Rights

by Stoel Rives LLP on

On Tuesday (May 30, 2017), the U.S. Supreme Court curtailed the after-market reach of patent rights. The decision in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (S. Ct. May 30, 2017) (8-0; 7-1),...more

US Supreme Court rejects post-sale restrictions on patented items and finds international sales exhaust US patent rights

by Dentons on

Rejecting the Federal Circuit's en banc interpretation of the patent exhaustion doctrine, the US Supreme Court held that an authorized sale by a patent owner exhausts all patent rights in the item sold regardless of whether...more

EasyWeb Innovations, LLC v. Twitter, Inc. (Fed. Cir. 2017)

Message Publishing Patents Found Invalid under 35 U.S.C. § 101 - In a recent decision by the U.S. Court of Appeals for the Federal Circuit, the Court held all asserted claims of five U.S. patents to be invalid under 35...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a jury verdict in the Quinteros v. DynCorp litigation; the latest...more

Dow succeeds on major issues in patent infringement profits case

by Smart & Biggar on

The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company (“Dow”) and NOVA...more

Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC § 1782 to take discovery related to patent inventorship in connection with an...more

DIFC Courts propose specialist Technology and Construction Division

by White & Case LLP on

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...more

Foreign Party Cannot Hide Behind Hague Convention To Avoid Service

by Orrick - NorCal IP Group on

Order Re Service and Motion to Dismiss Re Service, Xilinx, Inc., v. Godo Kaisha IP Bridge 1, Case No. 3:17-cv-00509-JD (Judge James Donato) - It is not uncommon for parties to race to file competing patent suits in their...more

Federal Circuit Review | March 2017

by Knobbe Martens on

Federal Circuit Remands IPR Final Decision For Inadequate Obviousness Analysis, Sidesteps Issue of Proper Claim Construction Standard - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2016-1174, the Federal...more

Federal Court of Appeal dismisses Teva’s appeal relating to utility and sufficiency

by Smart & Biggar on

On March 14, 2017, the Federal Court of Appeal (FCA) dismissed Teva’s appeal of Locke J.’s Order prohibiting the Minister of Health from issuing a notice of compliance (NOC) to Teva in respect of its calcipotriol and...more

Defamation and Data Protection: A Twin-Barrelled Approach to Claims Against Publishers

by Reed Smith on

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative...more

Rx IP Update - March 2017

by Smart & Biggar on

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine - As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking...more

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