Jurisdiction Patents

News & Analysis as of

Year in Review: The Most Popular Blog Posts of 2015

As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more

Federal Circuit Review | December 2015

Expert Testimony Not Always Necessary to Establish Prima Facie Obviousness Case in Inter Partes Review - In Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, 2014-1576, on appeal from an IPR, the Federal Circuit...more

Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on “Redundancy”

In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered “redundant” of other grounds in a petition. The USPTO conceded that it uses...more

ITC Has No Jurisdiction to Block Infringing “Electronic Transmissions”

On November 10, a panel of the Federal Circuit reversed a landmark ITC decision blocking the importation of digital information that infringes a patent. This decision has potential ramifications for a wide-range of companies...more

Federal Circuit reverses ITC, holds that electronic transmissions of digital data are not "articles" subject to ITC jurisdiction...

Electronic transmissions of digital data from foreign entities are not “articles” under Section 337 (19 U.S.C. § 1337) or subject to ITC jurisdiction, held a split panel of the US Court of Appeals for the Federal Circuit. The...more

Federal Circuit Limits International Trade Commission’s Reach Over Digital Transmissions

On Nov. 10, 2015, the Federal Circuit issued a fractured opinion holding that the ITC does not have jurisdiction over digital transmissions since they are not “articles” within the meaning of 19 U.S.C. § 1337. Please...more

Federal Circuit Rules Digital Data Transmitted Into The U.S. Is Not An “Article” Within ITC’s Juridiction (Clearcorrect,...

Today, a divided three-judge panel of the Federal Circuit (Prost, O’Malley concurring and Newman dissenting) ruled that the U.S. International Trade Commission’s (ITC) authority to provide remedies for unfair acts involving...more

On Remand, Panel Affirms ITC Finding of Section 337 Violation - Suprema, Inc. v. International Trade Commission

In a non-precedential remand decision, the original panel in the case of Suprema v. International Trade Commission affirmed the International Trade Commission’s finding that appellant Suprema violated § 337 by inducing...more

ANDA Update - October 2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

October 2015: ITC Update

Suprema: Restoring the Reach of Section 337. On August 10, 2015, the Federal Circuit resolved the largest challenge to the International Trade Commission’s (“ITC”) jurisdictional reach in recent years: whether 19 U.S.C. §...more

Court Of Chancery Explains Jurisdiction

It is often assumed that merely by registering an entity in Delaware as part of a business transaction that you have become subject to the jurisdiction of the Delaware courts. But as this decision points out, that is not as...more

Federal Circuit Holds That It Lacks Jurisdiction To Review PTAB’s § 315 Time-Bar Determination

The Federal Circuit has again held that it lacks jurisdiction to review certain decisions of the U.S. Patent Trial & Appeal Board in Inter Partes Reviews, continuing the Court’s apparent “hands off” approach to reviewing PTAB...more

Federal Circuit Review | September 2015

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

Back to school – the last year in patents: September 2015

The vexed question of how to enforce second medical use patents has dominated the headlines in the last half year. The case of Warner-Lambert v Actavis1 in the English High Court highlighted the serious difficulties...more

District Court Denies Motion to Dismiss for Lack of Personal Jurisdiction Where Plaintiff Sent ANDA Notice Letter

Defendants, Nang Kuang Pharmaceutical Co., Ltd. ("Nang Kuang") and CANDA NX-2, LLC ("CANDA") (collectively, "Defendants") filed a motion to dismiss, asserting that the patent infringement action filed by Plaintiffs, Eli Lilly...more

Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

Intellectual Property Alert: The Import of Electronic Data: Federal Circuit Appears Unlikely to Affirm Commission’s Jurisdiction...

The United States International Trade Commission (ITC or Commission) possesses unique powers under 19 U.S.C. § 1337 (Section 337). Upon finding that a party engaged in “unfair acts,” e.g., patent or trademark infringement,...more

Divided Federal Circuit Applies Chevron Deference and Holds That Inducement May Form the Basis for a Violation of Section 337 in...

On August 10, 2015, an en banc Federal Circuit issued its much-awaited decision in Suprema, Inc. v. Int’l Trade Comm’n (No. 2012-1170), a case that had the potential to curtail the scope of conduct that may be addressed by...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Patent Infringement and Appellate Jurisdiction

In general, any appeal from a civil action involving claims of patent infringement must be made to the Federal Circuit in Washington, D.C. A recent case from the Ninth Circuit, Amity Rubberized Pen Company v. Market Quest...more

Federal Circuit Allows Judicial Review of PTAB's Determination That Patent Qualifies as "Covered Business Method"

On July 9, 2015, a divided Federal Circuit held in Versata Development Group, Inc. v. SAP America, Inc., No. 14-1194, that it can review Patent Trial and Appeal Board (PTAB) determinations that a patent is a "covered business...more

Federal Circuit Review | June 2015

Accused Infringer’s Good-Faith Belief In Invalidity No Defense To Induced Infringement - In Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, the Supreme Court held a good-faith belief a patent is invalid is not a...more

Business Litigation Report - May 2015

In This Issue: - Main Article: ..Patent Infringement in the Digital Age: How a Dispute About Tooth Aligners Led to a Fight About the ITC’s Jurisdiction over Electronic Transmissions - Noted With...more

Supreme Court Update: Wellness International Network, Ltd. V. Shariff (13-935); Commil USA, LLC V. Cisco Systems, Inc. (13-896)...

This past week the Court released important decisions in the areas of bankruptcy law (Wellness International Network, Ltd v. Shariff (13-935), patent law (Commil USA, LLC v. Cisco Systems, Inc. (13-896), and the False Claims...more

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