Foreign Manufacturers

News & Analysis as of

Manufacturing Outlook - July 2015 - 2015 Q3

Welcome to the 2015q3 Manufacturing Outlook report in partnership with DLA Piper. It has been an eventful summer in the world economy; while not quite four seasons in one day, we’ve seen the future of the eurozone on the...more

Applying for a Waiver From U.S. Manufacturing Requirements For Federally Funded Intellectual Property

Countless ideas and inventions are developed at U.S. universities every year, often with federal funding. Many of these important ideas could not be commercialized for the public’s benefit without the Bayh-Dole Act, which...more

Product Liability Update - July 2015

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

The OIG Applauds FDA’s Progress in Inspections of Generic Drug Manufacturers but Recommends More to be Done

The Department of Health and Human Services’ Office of Inspector General has recently recommended that the Food and Drug Administration continue to increase its pre-approval inspections of generic drug companies. The OIG...more

5 Myths About the State of American Manufacturing and What They Suggest for the Future

The demise of American manufacturing has been widely heralded. However, in a report on the state of manufacturing in America, economist Michael J. Hicks of the Center for Business and Economic Research at Ball State...more

In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss

Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern District of...more

OIG Report: FDA Has Made Progress on Oversight/Inspections of Manufacturers of Generic Drugs

Yesterday the OIG posted a report entitled “FDA Has Made Progress on Oversight and Inspections of Manufacturers of Generic Drugs” in response to a Congressional request expressing concerns about the safety and quality of...more

Foreign Manufacturers Fingered by Bill That Aimed To Ensure Safety of Imported Products

Dangerous drugs, defective drywall, toxic toys – the pile of problematic products imported from foreign manufacturers threatens the safety of the youngest to the oldest Americans. The reason consumers end up with tangibles in...more

Seventh Circuit Denies Rehearing in LCD Price-Fixing Suit by Motorola

On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims against foreign manufacturers of liquid crystal display (LCD) panels. Motorola...more

U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United...

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of...more

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers...

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and...more

Domestic OCTG Industry Largely Prevails In Trade Cases, But Some Foreign Producers Avoid Duties

The domestic industry largely prevailed in trade cases against unfair imports of oil country tubular goods (OCTG) when the International Trade Commission (Commission) voted on its final determinations on August 22. The...more

Recent Cases Discuss U.S. Antitrust Issues in Global Supply Chains

Two recent court decisions examined the reach of U.S. antitrust laws to protect against injuries affecting global supply chains. The Foreign Trade Antitrust Improvement Act (FTAIA) limits the application of U.S. antitrust...more

CBP Updates Informed Compliance Publication Providing Further Guidance on “First Sale” Requirements

On July 9, 2014, U.S. Customs and Border Protection (CBP) circulated a draft revised Informed Compliance Publication entitled “Bona Fide Sales & Sales for Exportation to the United States,” which identifies additional...more

Wading Through The Stream Of Commerce: When Can Foreign Manufacturers Expect To Be Subject To Specific Jurisdiction In United...

The question of whether a court may exercise personal jurisdiction over foreign product manufacturers on the basis of introducing goods into the "stream of commerce" has produced much litigation and confusion since that...more

Insurance recovery issues following Vietnam unrest

Recent turmoil and violence at manufacturing parks throughout Vietnam over the last few weeks is impacting both local and global manufacturers and the complex supply chains currently utilised by MNCs could mean relatively...more

Changes of the Amended Regulations on Supervision and Administration of Medical Devices

The Regulations on Supervision and Administration of Medical Devices was amended and promulgated by the State Council on March 7th, 2014, effective June 1st, 2014. The last version is from 2000. The following highlights the...more

2013 Year in Review: CDRH Promotion and Marketing Enforcement Letters

In 2013, FDA’s Center for Devices and Radiological Health (CDRH) made publicly available on its website a total of 22 promotion and marketing-related enforcement letters to device manufacturers. Of the 22 enforcement letters,...more

New York Court Affirms Jury Verdict Against Chinese Manufacturers Of Vitamin C, Awards Attorneys' Fees To Plaintiffs

In a recently released decision, a federal court in New York has declined to overturn a jury’s $153.3 million verdict against vitamin C manufacturer Hebei Welcome Pharmaceutical and its parent, North China Pharmaceutical...more

Why Russell v. SNFA Matters

On Thursday morning, the Illinois Supreme Court filed its decision in Russell v. SNFA. We were watching Russell closely here at Appellate Strategist because it was the Court's first opportunity to apply the United States...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

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