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In a recent decision, the International Trade Commission rejected a petitioner’s attempt to use allegations of unfair competition and unfair acts as a possible way of working around the Federal Circuit’s bar on claims of...more
Our last webinar’s session focused on on-line media piracy, in particular on the legal issues raised by IPTV boxes, Vines and Virtual Private Networks (VPN) in various jurisdictions including Italy....
...First of all...more
The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more
Chinese New Year celebrations culminated in a big way for foreign multinationals in China with the news at the end of February that the head of the National Development and Reform Commission’s (“NDRC's”) Antitrust Bureau had...more
District court awards summary judgment to defendant organization and its board against former vice president, finding that plaintiff did not establish genuine issue of material fact as to his copyright claim because he failed...more
There have been very interesting developments in Italian case law against media online piracy. The first and most important is the publication of statistics on the application of the Italian AGCOM regulation, as well as the...more
On February 8, 2015, the Board of Governors of the Institute of Electrical and Electronics Engineers (“IEEE”) approved changes to the IEEE Patent Policy that provide additional specificity as to the nature of the obligation...more
On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) approved an updated Patent Policy for the IEEE Standards Association (IEEE-SA) Bylaws after receiving a favorable Business Review Letter from...more
China’s National Development and Reform Commission (NDRC) announced an RMB 6.088 billion (approximately US$975 million and €863 million) fine against Qualcomm Inc. for alleged abuse of its market position in China in...more
Oral Argument Fails To Shed Light On The Outcome Of Anticipated En Banc Federal Circuit Decision In Suprema – On February 8, oral argument was held before the en banc Federal Circuit in Suprema v. Int’l Trade Comm’n, Case No....more
On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) adopted a new patent policy for standards-essential patents (SEPs) in IEEE standards. This comes in the midst of rapid developments in the high...more
Qualcomm sells chipsets and licenses its related standard-essential patents for use in 3G- and 4G-enabled smartphones and tablets. In late 2013, China’s National Development and Reform Commission (NDRC) began investigating...more
The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s...more
The assertion of standard essential patents (SEPs) by patent-holders has raised patent, contract, and competition issues in jurisdictions around the world. One SEP holder, Qualcomm, has faced particular scrutiny with respect...more
On February 2, 2015, the Antitrust Division of the U.S. Department of Justice (DOJ) issued a business review letter stating that it would not challenge the Institute of Electrical and Electronics Engineers, Inc.’s (IEEE’s)...more
DOJ recently concluded that a standard-setting organization's proposal to update its policy regarding patents underlying its standards was pro-competitive. DOJ's analysis of the association's process and legal structure...more
Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers.
Procedural Background -
One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more
In his January 20 State of the Union address, President Obama said, “We are a strong, tight-knit family who has made it through some very, very hard times.” This statement was used as a theme for the economic initiatives set...more
On January 6, 2015, the Second Circuit granted defendants’ motion for an expedited appeal but denied their motion for a stay in New York v. Actavis PLC, 14-4624 (2d Cir. Jan. 6, 2015). Defendants are manufacturers of...more
On December 22, 2014, the Federal Trade Commission (FTC or the Commission) released an overview of pharmaceutical patent settlements filed with the Commission in Fiscal Year 2013 (October 1, 2012–September 30, 2013). The FTC...more
The Federal Trade Commission staff recently issued a report detailing the number of “potential pay-for-delay settlements” that took place in fiscal year 2013. The FTC is a staunch opponent of so-called “pay-for-delay”—also...more
The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the...more
On 26 November 2014, the EU General Court (GC) (the EU’s second-highest court) upheld a EUR2.5 million fine imposed by the European Commission (EC) for obstructing an EC dawn raid. The case shows the crucial importance of...more
A little more than one year ago, the U.S. Supreme Court decided Federal Trade Commission v. Actavis Inc. and affirmed that antitrust principles apply to reverse payment settlement agreements — those in which a brand-name drug...more
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