Intellectual Property International Trade Elections & Politics

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The Bifurcation Blues

In the last Letter from Europe, I looked at the potential financial impact a single judge could have on the economy. As I alluded to in my conclusion, the United Patents Court (UPC), a proposed common patent court open for...more

ITC Section 337 Update – June 2014

ITC Updates Facts And Trends In Section 337 Investigations – On June 10, 2014, the Commission issued an Update entitled “USITC Section 337 Investigations – Facts And Trends Regarding Caseload And Parties.” On...more

Proposed Legislation Seeks to Limit Patent Trolls’ Access to ITC Investigations

On Thursday, May 29, 2014, U.S. Congressmen Blake Farenthold (R-TX) and Tony Cárdenas (D-CA) introduced legislation aimed at reducing the ability of patent trolls to initiate ITC investigations....more

Update on Anti-Patent-Troll Laws

Yesterday draft “anti-patent-troll” legislation was put forward in Washington. This is part of a ground swell of opposition to illegitimate patent demand letters from so-called patent assertion entities (PAEs), or “patent...more

Will Trade Secrets Finally Get Federal Civil Protection?

On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic...more

Update Back From The Dead: Senators Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

With a powerful industrial coalition lining up behind them, two senators are trying yet again to establish a federal right of civil action for trade secret misappropriation, potentially making trade secrets an IP stepchild no...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

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

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