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Intellectual Property Civil Procedure International Trade

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

ITC Judge Takes Notice of PTAB Institution Denials

by Jones Day on

PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation...more

Recovery of Damages Under Innovation Patents in Australia

by Jones Day on

The Full Court of the Federal Court of Australia has redrawn the boundary lines for the recovery of damages for infringement of innovation patents. In Coretell Pty Ltd v Australian Mud Co Pty Ltd [2017] FCAFC 54 ("Coretell"),...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

MoFo IP Newsletter - April 2017

by Morrison & Foerster LLP on

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more

What is Penalty For Giving Out Secrets?

by Hassan Elhais on

Question: A member of my family was working for a company and he forwarded confidential information to a third party. He did not know that it was a crime and now he has been arrested. What should he expect as...more

Renting is Not a Sale After Importation

by Jones Day on

On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no...more

Organik Kimya v. ITC: Federal Circuit Affirms Dispositive Sanctions For Bad Faith Spoliation of Evidence

On February 15, 2017, the Federal Circuit affirmed the Commission’s imposition of severe, case dispositive sanctions on Respondents for bad faith spoliation of evidence as well as the issuance of a 25-year limited exclusion...more

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

March 2017: EU Litigation Update

Asserting Standard Essential Patents in Germany After the European Court of Justice’s Huawei v. ZTE Decision. In its Huawei v. ZTE decision (C-170/13) dated July 16, 2015, the European Court of Justice (ECJ) established a new...more

Federal Circuit Review | March 2017

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

UK to submit to primacy of EU law?...Maybe for patents

by Dechert LLP on

As the UK Government embarks on its journey of disentangling the UK from EU law and the jurisdiction of the Court of Justice of the European Union (“CJEU”), it is simultaneously continuing in its efforts to join a new...more

Amazon v. Commissioner: IRS Cost Sharing Buy-In Challenge Rejected Again

by Jones Day on

On March 23, 2017, the U.S. Tax Court issued its long-awaited opinion in a transfer pricing dispute involving Amazon's cost sharing arrangement ("CSA") with its Luxembourg subsidiary... ...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

The Impact of the New Administration on International Trade and IP Rights

by Planet Depos, LLC on

As we finished out the first month of the New Year, President Donald Trump completed his first few weeks in the Oval Office. Critics and supporters alike watched and analyzed every move the new Commander in Chief made, while...more

ITC Proceedings Do Not Trigger One Year Clock to File IPR

by Jones Day on

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the...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

ITC Commissioners Divided Over Standards For Cease And Desist Orders

Recent decisions by the Commission highlight a split among the Commissioners over the proper standard for issuing cease and desist orders. The majority of Commissioners appear to agree that the determination regarding...more

Supreme Court Denies Petition for Writ of Certiorari Over Sino Legend’s Trade Secret Theft Challenge

by King & Spalding on

On January 9, 2017, the Supreme Court denied the petition for writ of certiorari submitted by Sino Legend Chemical Co., Ltd. (Sino) in litigation stemming from SI Group, Inc.’s (SI) Section 337 complaint. In a Section 337...more

U.S. Krispy Kreme Doughnuts Win 4-0 Over Spanish Donuts

A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more

Supreme Court limits liability for shipping parts of patented inventions abroad

by Thompson Coburn LLP on

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

Inducement of Patent Infringement by Export – One is Never Enough

In its most recent foray into patents, the Supreme Court continued its recent line of decisions interpreting laws to limit the international reach of U.S. intellectual property protection. The holding can be summarized in...more

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more

Life Technologies Corp. v. Promega Corp.: Supreme Court Limits Patent Infringement Liability for Suppliers Under § 271(f)(1)

The Supreme Court in Life Technologies Corp. v. Promega Corp held that providing a single component of a multicomponent invention for manufacture abroad does not give rise to patent infringement liability under 35 U.S.C. §...more

Complainant Cannot Move For Summary Determination Against Its Own Interests

by Jones Day on

Judge Pender issued Order No. 19 in Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, denying Complainant The Chamberlain Group’s (“CGI”) motion for summary determination that the accused products...more

Section 337 Actions at the ITC: another forum for pharma and biosimilars litigation?

by Goodwin on

With the growing volume of biosimilar and pharma litigation in district courts and before the PTAB, the U.S. International Trade Commission may emerge as another forum for patent holders against imported biosimilars. Section...more

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