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US China Trade War – Default Dangers, Trans Pacific Partnership In Jeopardy, Trade, Customs Antitrust And Securities

There have been some major developments in litigation, including dangers of default judgments, trade, Solar Cells, Chinese Antidumping, patents, US/Chinese antitrust, and securities areas. January was a very important...more

LEGISLATIVE UPDATE: Senator Proposes New Bill To Create Civil Cause Of Action For Foreign Theft Of Trade Secrets

Just before the Thanksgiving holiday last week, Senator Jeff Flake (R-Ariz.) introduced the Future of American Innovation and Research Act, a new trade secrets bill that would allow American trade secrets owners to sue...more

Legislative Watch: Trade Facilitation and Trade Enforcement Reauthorization Act of 2013

A proposed U.S. Senate Bill has the potential to change the way in which intellectual property infringement is reported and enforced. U.S. Senate Bill 662 ("S. 662"), the Trade Facilitation and Trade Enforcement...more

New ITC Commissioner Sworn In

Commissioner Kieff will work to determine the effects of U.S. intellectual property rights violations on U.S. industry. On October 18, after nomination by President Barack Obama and confirmation by the U.S. Senate in...more

USTR Rejects Import Ban On Apple Inc. Products

For the first time in 26 years, the White House exercised its veto authority over an International Trade Commission ("ITC") Exclusion Order. On June 4, 2013, the ITC determined in Investigation No. 337-TA-794 that Apple had...more

BIO Reiterates Support for 12-Year Data Exclusivity Period for Biologics

Last month, in a letter to the U.S. Trade Representative, Ambassador Michael Froman, Biotechnology Industry Organization (BIO) President and CEO James Greenwood expressed support for the efforts of the Obama Administration to...more

Obama Administration Disapproves ITC’s Exclusion Order on Apple Products

On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more

White House Reins in ITC on Standard-Essential Patents

On Aug. 3, 2013, the Obama Administration vetoed the U.S. International Trade Commission’s June 4 order excluding certain Apple Inc. (“Apple”) products from import because they were found to infringe a standard-essential...more

President Obama Vetoes U.S. International Trade Commission Exclusion Order of Apple Products

For the first time in 26 years, a U.S. president and his administration have exercised statutory authority to veto an exclusion order from the U.S. International Trade Commission (ITC). This development may herald the end of...more

United States Trade Representative Issues Rare Disapproval of U.S. International Trade Commission's Order Excluding Apple Products...

In a rare move, on August 3, 2013, the United States Trade Representative of the Executive Office of the President (USTR) issued a letter disapproving the United States International Trade Commission's (ITC's) determination...more

Canada Introduces New Legislation to Combat Counterfeit Products

On May 31, 2013, Bill C-56, the Combating Counterfeit Products Act (“CCPA”), received its second reading. The CCPA, if enacted, will provide trade-mark and copyright owners with powerful new tools against counterfeiters. It...more

For Whom the Bell Trolls: A Summary of Recent White House and Congress Patent Initiatives

Last week, the White House once again weighed in on the issue of patent troll litigation, releasing a list of legislative recommendations and executive actions “designed to protect innovators from frivolous litigation and...more

White House Targets Patent “Trolls”

The White House today issued a fact sheet on high-tech patent issues, recommending seven legislative actions and taking five executive actions. According to the White House’s statement, innovators continue to face challenges...more

Senators Back 12-Year Data Exclusivity Period for Biosimilars and President Obama (Once Again) Does Not

On March 22, Senators Max Baucus (D-MT) and Orrin Hatch (R-UT), the Chairman and Ranking Member, respectively, of the Senate Committee on Finance, sent a letter to Ambassador Demetrios Marantis, the Acting United States Trade...more

Obama Administration Solicits Public Help in Preventing Foreign Trade Secret Theft

On Tuesday, the U.S. Intellectual Property Enforcement Coordinator, Victoria Espinel, published a notice in the Federal Register "requesting any recommendations for legislative changes that would enhance enforcement against,...more

U.S. Responding To Cyber-Espionage: White House Acknowledges Increasing Threat

No longer cut from the cloth of 007’s expensive suits, fast cars or well-mixed drinks, present-day espionage is carried out, to a great extent, through computer screens, proxy servers and spoofed e-mail addresses. Dubbed...more

White House Issues Strategy Warning Of Dangers To U.S. Companies From Hackers

The White House warned yesterday that hackers and “hacktivist” groups have the intent and capability to target U.S. companies and steal confidential data. A new executive strategy explains that the threat of corporate...more

IP Alert: White House Launches Effort to Curb Trade Secret Misappropriation

On February 20, 2013, the White House issued a report outlining a new plan to combat trade secret theft from U.S. businesses. Faced with the escalating theft of U.S. trade secrets and noting “the crucial role of trade...more

Trade & Manufacturing Alert - June 2012

In This Issue: - 01 United States Continues To Make Progress At The U.S. - China Strategic And Economic Dialogue - 02 New U.S. Model Treaty Text To Promote Bilateral Investments With Emerging Economies - 03...more

Congress Puts SOPA and PIPA on Hold

In the wake of last week’s web protests and media attention around pending anti-piracy legislation, leaders in both houses of Congress announced on Friday that they would indefinitely postpone further consideration of the...more

About SOPA…

What? Wikipedia is off-line? Please cue the other three horsemen of the apocalypse. It’s amazing what happens when Wikipedia decides to blackout its service to protest “legislation that could fatally damage the free...more

Golen v. Holder

Brief of Amicus Curiae The CATO Institute in Support of Petitioner

In 1920, the Supreme Court decided an obscure case concerning the implementation of a treaty between the United States and Canada regarding migratory birds. Tucked into Justice Oliver Wendell Holmes's five-page decision in...more

China's New Patent Law Effective October 1, 2009

On December 27, 2008, China's top legislature (the National People's Congress) approved the revision of the Patent Law. It became effective on Oct 1. The law was promulgated in 1984 and had previously been revised in 1992 and...more

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