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US China Trade War Developments - Trade, IP, Antitrust and Securities

There have been major developments in the trade, Chinese Antidumping, 337, litigation, US/Chinese antitrust, and securities areas. TRADE - THE ANTICOMPETITIVE IMPACT OF US ANTIDUMPING LAW IN CHINA AND THE US...more

Competition Bureau Releases Draft Updated Intellectual Property Enforcement Guidelines

On April 2, 2014, the Competition Bureau (Bureau) released draft updated Intellectual Property Enforcement Guidelines (Revised IPEGs) for a 60-day consultation period. The Revised IPEGs principally reflect the amendments to...more

April 2014: EU Litigation Update

License Agreements Under Scrutiny—A New Challenge for Non-Challenge Clauses. In general, license agreements are deemed pro-competitive. Licensing leads to the dissemination of technology and promotes (follow on) innovation...more

The Federal Circuit Considers Petitions For Rehearing Suprema — Its Decision Defining The ITC’s Authority To Police Induced...

The International Trade Commission and Cross Match Technologies Inc. requested rehearing of the December panel decision of the U.S. Court of Appeals for the Federal Circuit in Suprema Inc. and Mentalix Inc. v. U.S....more

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

ITC Section 337 Update

ITC Judge Lord Declines Applying Suprema Holding - In ITC Enforcement Proceeding – On May 20, 2013, the Commission instituted an enforcement proceeding in Two-Way Global Satellite Communication Devices, System And...more

EU Commission Announces New European Technology Licensing Rules

The European Union adopted on March 21, 2014, revised competition rules for the transfer of technology covering certain categories of agreements for licensing of patents, know-how and software copyrights. The EU reaffirmed...more

Antitrust Claims Against SESAC Copyright Licenses Permitted To Proceed

Performing rights organizations (PROs) are entities that issue licenses to, and collect royalties from, television stations and other parties who wish to perform or dylanbroadcast copyrighted musical compositions. There are...more

ITC Section 337 Update – March 2014

Jury Sets FRAND Rate For And ITC Ends Investigation Into LSI/Agere Wi-Fi Patents – On February 26, 2014, a Northern District of California federal jury reached a Verdict in Realtek Semiconductor v. LSI and Agere, Case...more

US CHINA TRADE WAR - March 2014

There have been major developments in the trade, Solar Cells, TTP, TPA, Chinese Antidumping, patents, US/Chinese antitrust, and securities areas. As indicated in past newsletters, the nonmarket economy status of China means...more

European Union: Assessment Of IP Licensing Agreements Under EU Competition Law*

In recent years there has been a remarkable expansion of antitrust enforcement in the area of intellectual property (IP). This trend is illustrated by an increasing willingness of the European Commission (the Commission) and...more

ITC Section 337 Update – February 2014

Commission Petitions Federal Circuit For Panel Rehearing And Rehearing En Banc In Suprema Case – On Friday, February 14, 2014, the Commission filed a Combined Petition for Panel Rehearing and Rehearing En Banc in Suprema v....more

Two Bodies Of Law Separated By A Common Mission: Unilateral Conduct By Dominant Firms At The IP/Antitrust Intersection In The EU...

Introduction - It is frequently said that “[t]he goals of the intellectual property and antitrust laws are complementary, not inconsistent.” Both antitrust law and intellectual property (IP) law seek, in the end, to...more

Guide for International Counsel: Customs Enforcement of IP Rights in Europe & Germany – The New Rules

Preface - Customs authorities in the European Union may detain goods under their control which are suspected of infringing intellectual property (IP) rights. Such proceedings are governed by a new Regulation (EU) No...more

Franchising Update - February 2014

To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more

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

Antitrust and Competition Newsletter - February 2014

U.S. Supreme Court Holds That Parens Patriae Suits Are Not Removable to Federal Court as “Mass Actions” Under the Class Action Fairness Act - On Jan. 14, 2014, the U.S. Supreme Court held that a parens patriae...more

Federal Circuit Update: Suprema, Inc. v. ITC

In a recent and controversial decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) introduced a temporal requirement to the theory of induced infringement under the Tariff Act of 1934 (19 U.S.C. §...more

ITC Now Requires Satisfaction of the “Technical Prong” for Licensing-Based Domestic Industries - Certain Computers and Computer...

Reversing course from longstanding practice, the U.S. International Trade Commission (ITC or Commission) has held that proof of “articles protected by the patent” (i.e., a technical prong) is now required for satisfaction of...more

"Antitrust and Competition: Nonmerger Enforcement Activity Heats Up on Both Sides of the Atlantic"

U.S. and European antitrust agencies had similar enforcement priorities last year, a trend we expect to continue in 2014. Nonmerger enforcement will continue to focus on intellectual property, financial services and...more

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

The World in US Courts: US Laws Discussed - Fall 2013

We provide below alphabetically very brief summaries of key US laws addressed by cases summarized in this edition. Please note that these summaries provide a very simplified overview of the statutes and are not intended to...more

US China Trade War – Reagan Predicted It, Trade, Customs, 337/Patents, US China Antitrust, And Securities

There have been some major developments in the trade, Customs, patents, US/Chinese antitrust, and securities areas. In looking at the first posts I wrote on my blog, they were relatively short, but with the US litigation...more

Top Stories of 2013: #4 to #6

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

Antitrust Authority blocks 122 websites selling counterfeited watches

The Italian Antitrust Authority (Agcm) blocked access in the Italian territory to 122 websites, managed through servers located in Malaysia and registered by foreign entities...more

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