News & Analysis as of

Investigations Claim Construction

McDermott Will & Emery

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

Fish & Richardson

ITC Monthly Wrap-Up: August 2023

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In August 2023, one complainant filed a new complaint for a violation of Section 337 in the International Trade Commission. Specifically, on August 22, NJOY, LLC, filed a complaint against JUUL Labs, Inc., in Vaporizer...more

Patton Sullivan Brodehl LLP

Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens

One of the tools available in the real estate litigation attorney’s toolbox is a lis pendens, also known as a notice of pending action. A lis pendens is a document recorded at the County Recorder’s Office providing...more

Fish & Richardson

ITC Monthly Wrap-Up: June 2022

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This month, there were two new complaints filed at the ITC, including complaints filed by Velodyne Lidar USA, Inc. (Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same, Inv. No....more

Jones Day

ITC Re-Opens Investigation in Response to Federal Circuit Reversal

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In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days....more

Jones Day

Asserted Claims Found Indefinite in Electrical Connectors Investigation

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In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation,...more

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