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News & Analysis as of

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

U.S. Tax Reform – Border Adjustment Proposal: Current Status, and How Your Company May Be Affected

On 24 June 2016, the Republican Speaker of the U.S. House of Representatives, Paul Ryan, and House Ways and Means Chairman Kevin Brady released a sweeping "Blueprint" proposal to reform the U.S. tax code. A critical component...more

Is the Border Tax Crossing the Line?

It is far too early to discern the extent of any change to the relationship between the U.S. and Mexico in the face of the oft-repeated insistence of the Trump campaign to “renegotiate” NAFTA, a promise that was reiterated...more

¿Qué Significa la Entrada en Vigor del Acuerdo de Facilitación del Comercio de la OMC?

El Acuerdo sobre Facilitación del Comercio (AFC) entró oficialmente en vigor el 22 de febrero de 2017, después de alcanzar el umbral de 110 miembros de la Organización Mundial del Comercio (OMC), o dos tercios de su...more

Supreme Court: Supplying a Single Component of a Patented Invention from the U.S. Is Not Infringement Under Section 271(f)(1)

Today, in Life Technologies Corp. v. Promega Corp., the Supreme Court held that a single component of a patented invention, even if “important,” does not trigger liability for infringement under Section 271(f)(1) of the...more

WTO's Trade Facilitation Agreement Enters into Force and What It Means

The Trade Facilitation Agreement (TFA) officially went into effect Feb. 22, 2017, after reaching the World Trade Organization (WTO) members' ratification threshold of 110, or two-thirds of the WTO membership. The TFA is now...more

Trump Wants to “Tweak” NAFTA

After meeting with Prime Minister Justin Trudeau in early February, President Trump said he plans to “tweak” the North American Free Trade Agreement (NAFTA) with Canada. Before this announcement, it was unclear whether the...more

Who Will Bear the Brunt of a NAFTA Renegotiation?

President Trump's plans to renegotiate the North American Free Trade Agreement (NAFTA) give rise to a number of questions about the future of trade between the United States, Mexico and Canada. While such a move might...more

Trump’s Trade Policy–Not as Protectionist as You May Think

I was fortunate enough to be on a panel last week with four foreign government representatives to discuss trade. The meeting was informative and I thought I would share my take-aways. My conclusion is that Trump’s trade...more

Joint Letter To Trump On China’s Trade Barriers

On February 7, 2017, the Renewable Fuels Association, Growth Energy, and the U.S. Grains Council sent a joint letter to President Donald Trump to request the Administration’s assistance in addressing China’s recent...more

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

US: Proposed "Border Adjustment Tax” could kill foreign IP holding companies

With President Trump in the White House and a Republican majority in both the House and Senate, tax reform is once again high on the agenda. Several weeks ago, President Trump promised “a tax reform bill that will reduce our...more

OFAC Authorizes Certain Dealings with Russian Security Agency

In its first public statement since the inauguration, the US Department of Treasury’s Office of Foreign Assets Control (OFAC) announced on February 2, 2017, that it had authorized limited dealings with the Federal Security...more

Border Adjustment Tax

The House Republicans have proposed sweeping changes to the U.S. tax system, specifically that income from the export of goods, services and intangibles will not be subject to federal income tax, and that the cost of such...more

U.S. Customs and the New Trump Administration: Your Top Ten Questions Answered

During the campaign, U.S. Customs & Border Protection (CBP) was mostly mentioned by President Trump in the context of illegal immigration. Controlling the flow of people, however, is only one of the jobs of CBP, which is part...more

Boletín Mensual de Comercio Internacional: Enero - Información con Énfasis en la Regulación Comercial y de Arbitraje Internacional

Durante el mes de Enero destacan los siguientes temas: Acceso, Compras, Propiedad Intelectual, Comercio, Inversión, Solución de Diferencias, Competencia, Subvenciones, Arbitraje Inversión....more

"Business Tax Reform All but Certain in US, Europe"

United States - The prospects for business tax reform in the United States were greatly enhanced by the 2016 election results. Reform under Republicans, who control both the White House and Congress, could dramatically...more

"Significant Changes Likely for US Trade Policy and Enforcement"

U.S. international trade policy and enforcement were centerpieces of President Donald Trump’s campaign and are likely to feature prominently in the new administration’s agenda in the months ahead. The Trump administration has...more

Demonstration of Compliance with Hong Kong Law Now A Must for U.S. Exporters to Hong Kong

The Commerce Department’s Bureau for Industry and Security (BIS) has issued a new rule that requires exporters to Hong Kong of items subject to certain controls under the Export Administration Regulations (EAR) to obtain...more

Energy Update - February 2017

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please...more

OFAC Sanctions: No Entity Too Small or Too Far for Enforcement

- Canadian bank pays penalties for U.S. dollar transactions involving Cuba and Iran - Bank receives Finding of Violation – but no penalty – for violations by European subsidiaries - Disclosure and cooperation...more

U.S. Government Loosens Controls on Transactions Involving Sudan

Before leaving office, former President Barack Obama signed Executive Order (E.O.) 13761 on Jan. 13, 2017, in response to "positive actions" by the Government of Sudan. E.O. 13761 establishes a basis for complete revocation...more

Changes in Non-Refined Mineral Export and Divestment Policies in Indonesian Mining

Recent Indonesian regulations1 implement a series of changes in respect of the regulation of the export of raw ores and concentrates but in doing so also implement very significant changes in respect of the conversion of...more

Obama Administration Eases Sanctions on Sudan

On January 13, 2017, the Treasury Department, citing an executive order issued by President Obama on the same day, announced the issuance of a general license, effectively lifting most sanctions against Sudan. The general...more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

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