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
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
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
Here’s another sign of the rising urgency of trade secret theft as a national security issue: the Chairman of the Senate Armed Services Committee wants the head of the nation’s intelligence bureaucracy to track countries that...more
On April 24, 2013, the Obama Administration notified Congress of its intent to include Japan as the 12th country to take part in negotiations for the Trans- Pacific Partnership (TPP). The notification begins a formal...more
The U.S. International Trade Commission ("ITC") has initiated an investigation into the potential economic impact of proposed modifications to the North American Free Trade Agreement ("NAFTA"). ...more
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
In This Issue: - Commerce Declares No "Free Pass" To Commit Fraud In Trade Cases - ITC Investigates Economic Impact Of Proposed Modifications To NAFTA Rules Of Origin - Global Manufacturers, Encouraged By...more
On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more
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
Counterfeiting is a critical problem for trademark and copyright owners (‘IP owners’) affecting all industries, from pharmaceuticals and medical devices to electrical and auto products, toys and fashion items. To effectively...more
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
On March 28, 2013, the U.S. International Trade Commission (ITC) initiated an investigation into the potential economic impact of proposed modifications to the North American Free Trade Agreement (NAFTA). The proposed...more
Commentators have expressed concerns over the rising tide of complaints filed by non-practicing entities (NPEs) in the United States International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act....more
In This Issue: Curbing the Bullying Epidemic with Mediation; ADR News & Case Updates; DOMESTIC FOCUS - How ADR Can Stem the “Trademarklawpocalypse”; GOOD WORKS - JAMS Foundation Extends Its International Mission — In...more
The U.S. International Trade Commission (“ITC”) voted on January 22, 2013 to institute a Section 337 investigation on certain paper shredders produced in China based on a complaint filed by Fellowes, Inc., an Illinois-based...more
In This Issue: - President Obama Announces Plan To Launch Talks On Transatlantic Trade And Investment Partnership; Formal Notice To Congress Will Follow - China Issues Guidelines For The Development Of Energy...more
On January 10, 2013, the Federal Circuit in InterDigital Communications v. ITC denied a combined petition for panel rehearing and for rehearing en banc, holding that InterDigital’s patent licensing alone met the domestic...more
On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...more
IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more
The International Trade Commission (“Commission”) has seen a spike in investigations related to the misappropriation of trade secrets since the Federal Circuit’s determination in TianRui Group Co. Ltd. v. U.S. Int’l Trade...more
Significant preliminary antidumping (“AD”) duties were imposed on imports of drawn stainless steel sinks from China on September 27, 2012, with cash deposit rates ranging from 54.25 percent to 76.53 percent. These margins had...more
Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted...more
In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more
In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more
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