Electronics

News & Analysis as of

Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics

Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to resolve a closely watched...more

China Proposes “RoHS 2” Framework for Comment

On May 15, 2015, China’s Ministry of Industry and Information Technology (“MIIT”) released a latest Draft for Comments (“May 2015 Draft”) of the “Management Methods for the Restriction of the Use of Hazardous Substances in...more

District Court Denies Section 101 Challenge to Patent Validity Where Claims Described a Specialized System

Defendant Murphy USA Inc. ("Murphy") filed a motion for summary judgment of invalidity as to certain claim U.S. Patent No. 6,076,071 ("the '071 Patent") and one claim of U.S. Patent No. 6,513,016 ("the '016 Patent") on the...more

AU Optronics Files Petition for Certiorari with SCOTUS

AU Optronics Corp. (“AUO”) filed a petition for a writ of certiori in Hui Hsiung, et al. v. United States of America on March 16, 2015, seeking Supreme Court review of the Ninth Circuit’s 2014 decision that upheld the...more

Design Patent Case Digest: Kreative Power, LLC v. Monoprice, Inc.

Decision Date: March 3, 2015 - Court: Northern District of California - Patents: D653,215 - Holding: Defendant’s motion for summary judgment GRANTED - Opinion: On June 26, 2014, Kreative Power, LLC...more

China Proposes New Restriction of Hazardous Substance (“RoHS”) Requirements for Electronics Manufacturers

Do you manufacture electrical and electronic products, parts or components? Do you manage manufacturing design for such products? Do you oversee Chinese suppliers manufacturing such products? If so, you need to follow...more

Facts Govern Real Party-in-Interest Determinations - TRW Automotive US LLC v. Magna Electronics Inc.; Paramount Home Entertainment...

Addressing the real-party-in-interest (RPI) requirement of 35 U.S.C. § 312(a) in two separate proceedings, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) emphasized the fact-dependent...more

ITC Section 337 Update - May 2015

ALJ Lord Recommends 12 Month Delayed Relief Based On Public Interest If Commission Finds Violation Of Section 337 In 910 – On April 10, 2015, ALJ Lord issued the public version of the Initial Determination on Violation and...more

FinCEN and ICE Issue Geographic Targeting Order Against Electronics Exporters in the Miami Area

On April 21, 2015, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) served a Geographic Targeting Order (GTO) on about 700 electronics exporter businesses in the Miami area, in an investigation into cash...more

Restrictions Eased for Communications-Related Items Exported to Sudan

On February 18, 2015, in a coordinated action, the Commerce Department's Bureau of Industry and Security (BIS) and Treasury Department's Office of Foreign Assets Control (OFAC) announced and implemented changes to the...more

Supreme Court Asked to Clarify the Reach of U.S. Antitrust Laws to Foreign Conduct

On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which...more

USITC Declines to Institute Investigation of Induced Patent Infringement as Unfair Method of Competition or Unfair Acts

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

U.S. International Trade Commission Institutes Investigation Under 100-Day Pilot Program Examining Complainant’s Standing to File...

The U.S.I.T.C. instituted its first investigation under its 100-day pilot program for early determination of a specific potentially case-dispositive issue....more

Shifting Claim Constructions Does Not Make For “Watertight” Claims

Order on Claim Construction and Partial Summary Judgment, Aquatic AV, Inc. v. Magnadyne Corp. et al., Case No. C 14-01931 (Judge William Alsup) - A patent plaintiff typically hates getting boxed into a specific meaning...more

Sony to Pay $85,000 under Decree Resolving EEOC Disability Discrimination Suit

Electronics Giant Allegedly Engineered Firing of Employee Because of Her Prosthetic Leg - CHICAGO - Sony Electronics, Inc. will pay $85,000 under a consent decree entered in federal court today ending a lawsuit brought...more

ITAR/EAR Amendments for Military Electronics Become Effective December 30

The amendments affecting military electronics products under Export Control Reform become effective on December 30, 2014. This will cover a large number of products in the electronics, computer, telecom and avionics...more

Motorola Oral Arguments Today – Will the Seventh Circuit Revise Its Interpretation of the FTAIA, and If so, How?

Today the Seventh Circuit Court of Appeals hears oral argument from the parties and amicus curiae the United States concerning the reach of the Foreign Trade Antitrust Improvements Act (“FTAIA”), 15 U.S.C. § 6a, in Motorola...more

Travelers, Beware the “Darkhotel” Hacks Over Hotel Internet

Business travelers may be targeted and hacked through hotel Wi-Fi networks, according to a recent report by Kaspersky Lab. Hackers have been stealing company data from top executives at luxury hotels in an attack known as...more

New Export Control Requirement for Electronics Manufacturers in Defense and Aerospace Industries

The State and Commerce Departments recently issued significant new regulations under Export Control Reform affecting the export control requirement for military electronics. These will have a major impact on manufacturers of...more

Developments in the Capacitor Cartel Litigation: Class Counsel Appointed and the Antitrust Division Intervenes

In July, we wrote about two putative class action lawsuits alleging that Panasonic, Samsung, and other electronics manufacturers had formed a cartel to boost prices of certain electronic capacitors. Since then, the cases have...more

You Can’t Judge a Book By Its Cover: When Are Domestic Negotiations a “Sale” or “Offer to Sell”?

In Halo Electronics, Inc. v. Pulse Electronics, Inc., 2013-1472, - 1656 (October 22, 2014), the Federal Circuit concluded that there was no direct infringement when substantial activities of a sales transaction – including...more

Cartel Suits Filed Against Capacitor Manufacturers after Reports of Cooperation with Authorities

A pair of putative class actions has been filed in the past two weeks charging Panasonic, Samsung, and other electronics manufacturers with forming a cartel to boost prices in the sagging market for certain electronics...more

Rooting Out Conflict Minerals

If your company manufactures consumer electronics, avionics, or any product incorporating even trace amounts of gold, coltan, cassiterite, or wolframite— including their derivatives, tantalum, tin, and tungsten—you may need...more

"Latest US Export Control Reforms Impact Companies in the Military Electronics Industry"

On July 1, 2014, the U.S. government issued the latest in a series of ongoing reforms to the U.S. export controls on defense articles, defense services and “dual-use” items (i.e., items that have both civilian and military...more

EPA Issues Final Rule Revising RCRA Standards for Cathode Ray Tubes Exported for Reclamation

On June 26, 2014, the U.S. Environmental Protection Agency (EPA) issued a final rule under the Resource Conservation and Recovery Act (RCRA) strengthening the standards for cathode ray tubes (CRTs) exported for reclamation....more

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