News & Analysis as of

Injunctions Patents International Trade Commission (ITC)

Axinn, Veltrop & Harkrider LLP

SEP Negotiations: The Importance of Being Will(ing)

More and more, when negotiating licenses for standard essential patents (SEPs) on fair, reasonable, and non-disciminatory (FRAND) terms, there has been an increased emphasis on the idea of a “willing" licensor or licensee....more

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

Jones Day

Colorable Difference Test Not Applicable to CDO Sanctions

Jones Day on

A recent ITC enforcement decision highlights the importance of redesigns as an effective strategy for Respondents at the ITC....more

Cooley LLP

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

Cooley LLP on

On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

Kelley Drye & Warren LLP

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

King & Spalding

ITC Section 337 Update - May 2014

King & Spalding on

Federal Circuit Holds That There Is No Per Se Rule That Injunctions Are Not Available For Standard Essential Patents – In an Opinion by Circuit Judge Reyna on April 25, 2014 in Apple Inc. v. Motorola Mobility Inc.,...more

Akerman LLP

The International Trade Commission: Easier Injunctive Relief-Except for Standard-Essential Patent Holders

Akerman LLP on

Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more

King & Spalding

Latest Developments On Injunctive Relief For Infringement Of FRAND Encumbered SEPs

King & Spalding on

This memorandum is directed to the current state of the case law in the U.S. International Trade Commission (ITC or “Commission”), the U.S. Federal Trade Commission (FTC) and the U.S. District Courts for parties seeking to...more

McDermott Will & Emery

U.S. International Trade Commission Grants Injunctive Relief on Standard Essential Patent

McDermott Will & Emery on

The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more

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