Exports

News & Analysis as of

USTR Releases President Trump’s National Trade Policy Agenda for 2017

On March 1, 2017, the Office of the US Trade Representative (USTR) released the President's National Trade Policy Agenda for 2017, providing the Trump administration's first formal, written statement of its trade policy...more

Lessons from the Historic ZTE Enforcement Action

On March 7, 2017, Chinese telecommunications company, Zhongxing Telecommunications Equipment Corp. (ZTE), signed on to three separate settlement agreements with the United States, agreeing to pay $892 million for violations...more

New Documentary Requirements Issued for Hong Kong Exports and Reexports

Effective April 19, 2017, US exporters intending to export certain controlled items to Hong Kong will need to obtain, prior to shipment, either a copy of a Hong Kong import license or a statement issued by the Hong Kong...more

Amid Uncertain Trade Climate, a Look at Top Imports, Exports With Mexico

Auto companies, computer manufacturers and oil producers are closely watching how the trade relationship evolves between the U.S. and Mexico under President Donald Trump. Their products are among the top U.S. exports to...more

USDA Warns Canada-EU Trade Agreement Could Impact US Alcohol Beverage Exports

US exporters of alcohol beverages to Canada will soon face stiffer competition from their European rivals. The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is expected to come into force by June 1,...more

History Doesn't Bode Well For New Commercial Cargo Preference Bill

Rep. John Garamendi (D-Calif.), joined by Reps. John Duncan (R-Tenn.) and Duncan Hunter (R-Calif.), recently introduced H.R. 1240, the Energizing American Maritime Act, described as a bill "to require a certain percentage of...more

Mexico's Energy Regulatory Commission Clarifies 10 Scenarios on Trading for Oil Products

Mexico's Energy Reform of 2013 opened oil and gas sectors to private direct investment and operation. Under that reform, trading of hydrocarbons, oil and petrochemicals (oil products) opened in all value chains, even though...more

Supreme Court limits liability for shipping parts of patented inventions abroad

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

Life Technologies Corp. v. Promega Corp.: Supreme Court Limits Patent Infringement Liability for Suppliers Under § 271(f)(1)

The Supreme Court in Life Technologies Corp. v. Promega Corp held that providing a single component of a multicomponent invention for manufacture abroad does not give rise to patent infringement liability under 35 U.S.C. §...more

DOJ Defines Compliance

In the span of the last 18 months, the topic of corporate compliance programs has gotten considerable attention from the Department of Justice (“DOJ”) and now finally, DOJ has published significant details about how it is...more

One is Not Enough – Infringement Liability under § 271(f)(1)

In Life Technologies Corp. v. Promega Corp., Slip Op. 14-1538 (Feb. 22, 2017), the U.S. Supreme Court held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to...more

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

Durante el mes de febrero destacan los siguientes temas: Antidumping, Comercio, Propiedad Intelectual, Medidas Sanitarias, Aduanero, Arbitraje....more

Supreme Court Rules That Patent Infringement Liability Based On Supply Of "A Substantial Portion" Of The Components Of An...

On February 22, 2017, the Supreme Court issued its decision in Life Technologies Corp. v. Promega Corp. to address whether the act of supplying from the United States a single commodity component of a multicomponent invention...more

New mining regulations: back to the past

The Government of the Republic of Indonesia on 11 January 2017 issued new mining regulations regulating (i) ‘new’ share divestment requirements for foreign investment companies holding an IUP or IUPK; and (ii) new export...more

WTO Appellate Body Report: Russia – Pigs (EU)

Decision: The WTO Appellate Body has affirmed that the Russian Federation violated its WTO obligations by imposing an EU-wide ban on live pigs and pork products, in breach of the WTO Agreement on the Application of...more

Red Notice Newsletter - February 2017

Acting SEC Chief Limits Subpoena Authority to Enforcement Division Acting Director - On February 15, 2017,The Wall Street Journal reported that the acting Chair of the Securities and Exchange Commission (SEC), Michael...more

Supreme Court Update: Life Technologies Corp. V. Promega Corp. (14-1538), Fry V. Napoleon Community Schools (15-497), Buck V....

Greetings, Court Fans! Last time we hit your inboxes, Barack Obama was President. To call the ensuing month eventful is something of an understatement. We've seen a primetime Supreme Court nomination, a flood of...more

Supreme Court Patent Ruling on Global Exportation of Component Parts

The Supreme Court’s recent decision in Life Technologies Corp. v. Promega Corp. raises important issues regarding the extraterritorial effect of patent law on global supply chains. The primary issue in the case is whether the...more

Night Note: The 1st 100 Days

Seeking to avoid exposure to the dispute settlement system of the World Trade Organization (WTO), the head of the new White House National Trade Council has requested a legal analysis from the U.S. Trade...more

Key Takeaways: Prospects for US Business Tax Reform — What You Need to Know

On February 16, 2017, Skadden hosted a webinar titled “Prospects for U.S. Business Tax Reform: What You Need to Know.” The Skadden panelists were M&A partner Stephen Arcano; global tax co-head Eric Sensenbrenner; and tax...more

Supreme Court Decision Limits Patent Infringement Risk for Exporting a Single Component of a Multi-Component Invention

On February 22, 2017, the Supreme Court held that there is no patent infringement when an entity supplies "a single component" from the United States for combination into "a multicomponent invention" outside the United...more

Top Five Issues for the LNG Industry in 2017

As low oil prices dragged on for another year, LNG sellers and developers continued to face hurdles in 2016. Unfortunately but not surprisingly, we witnessed more projects cancelled or put on hold, including LNG Canada and...more

The Song says 2 out of 3 Ain’t Bad; The Supreme Court says 1 is not “Substantial”

In Life Technologies Corp. v. Promega Corp. [14-1538] (February 22, 2017), the Supreme Court reversed a Federal Circuit decision that supplying a single component of a multi-component invention from the United States is an...more

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C. § 271(f)(1). See...more

Supreme Court Addresses Scope of Patent Infringement Under Section 271(f)(1)

Section 271(f)(1) of the Patent Act provides that a party infringes a patent claim when it "supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention...more

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