Intellectual Property, Civil Procedure, International Law & Trade

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

Patent Watch: Dey, L.P. v. Sunovion Pharms., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

“[A]n agreement of confidentiality, or circumstances creating a similar expectation of secrecy, may negate a ‘public use’ where there is not commercial exploitation” [even] when an unaffiliated third party is responsible for...more

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

by Wilson Sonsini Goodrich & Rosati on 5/22/2013

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

Changes in the Rules for ITC Section 337 Investigations Are Now In Effect

by Alison Baldwin | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

On May 20, 2013, new rules of practice and procedure go into effect for International Trade Commission Section 337 Investigations, 19 C.F.R. Parts 201 and 210.1 Many of these rule changes were made for the purposes of making...more

ITC Section 337 Update - May 15, 2013

by King & Spalding on 5/20/2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Federal Circuit Refuses To Enjoin International Arbitration Of Patent Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/16/2013

Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute....more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

by Lawrence M. Sung | BakerHostetler on 5/15/2013

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

ITC Section 337 Update - May 1, 2013

by King & Spalding on 5/3/2013

Congress Holds Hearings On Section 337 Litigation – On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The...more

Global Connection - May 2013

by Sara J. Agne, Daniel Huitink, Ray C. Jones, Richard Katz, Harsh Parikh, Heidi McNeil Staudenmaier, Rebecca Winterscheidt | Snell & Wilmer L.L.P. on 5/3/2013

International trade is critical to our global economy and importers and exporters should stay apprised of new developments, restrictions and potential pitfalls to ensure they remain in compliance with a myriad of laws and...more

Federal Circuit Review - Volume 3 | Issue 4 - April 2013

by Knobbe Martens Olson & Bear LLP on 5/2/2013

In This Issue: • Double Patenting Applies With Distinct Inventive Entities • Inducement Judgment Remanded in Light of Akamai • First Sale Doctrine Applies to Sales Made Abroad - Excerpt from Double...more

Congress Conducts Hearings on Section 337 Litigation at the International Trade Commission

by King & Spalding on 4/30/2013

On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more

ECJ dismisses Spanish and Italian challenge to EU-wide unitary patent system, but obstacles remain

by Ian Forrester, James R.M. Killick, Dr. Assimakis Komninos, Jacquelyn F. MacLennan, Mark D. Powell, Axel P. Schulz | White & Case LLP on 4/25/2013

Summary - On 16 April 2013, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Joined Cases C-274/11 and 295/11 in which it dismissed the challenges brought by Spain and Italy to the other...more

ITC Section 337 Update - April 15, 2013

by King & Spalding on 4/19/2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

Google AdWords Trade Mark Policy – Important Changes

by Caroline Cossio, Jonathan Feder | K&L Gates LLP on 4/19/2013

Google has revised its AdWords trade mark policy which is currently in place in Australia, Hong Kong, China, Macau, Taiwan, New Zealand, South Korea and Brazil and these changes will come into effect on 23 April 2013. From...more

Raising the Bar - Significant Amendments to Australian Customs Seizure Procedures: Baker & McKenzie

by Robert Arnold, Richard Gough, Elisabeth White | Baker & McKenzie Australia on 4/18/2013

Introduction - Significant amendments to the Australian Customs seizure regime came into force this week. As foreshadowed in our previous Client Alert, the amendments address practical difficulties experienced by intellectual...more

Another reason to coordinate discovery in parallel litigation – circumvention in section 1782 requests

by Brian Claassen, Irfan Lateef | Knobbe Martens Olson & Bear LLP on 4/18/2013

The pressures of global litigation have forced litigants to further consider how, when, and where they will obtain discovery. Under developing case law, litigants involved in related litigations in different venues should...more

Changes To Patent Entitlement In Australia And New Zealand (Updated 15 April 2013)

by Brett Connor, Adam Denley | Freehills Patent Attorneys on 4/15/2013

The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can invalidate a granted patent. Some jurisdictions...more

U.S. Court of International Trade Expands Role of Customs’ Enforcement of Section 337 Exclusion Orders and Renders Substantive...

by King & Spalding on 4/10/2013

The recent decision of the U.S. Court of International Trade (CIT) in Corning Gilbert Inc. v. United States could mark a watershed for the enforcement of exclusion orders issued by the U.S. International Trade Commission...more