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Reversal Extraterritoriality Rules

White & Case LLP

US v. Hoskins: FCPA Guilty Verdict Overturned as Court Gives Definition to the Term "Agent"

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In November 2019, we reported that a jury found Lawrence Hoskins, a senior executive at a French company, guilty of Foreign Corrupt Practices Act ("FCPA") violations. Two years earlier, the District Court granted dismissal of...more

Cozen O'Connor

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

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A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Sheppard Mullin Richter & Hampton LLP

Italian Film Composer “Scores” for Authors

The Second Circuit issued a remarkable decision on termination rights under Sections 203 and 304(c) of the Copyright Act that seemingly, whether knowingly or otherwise, limits the Act’s extraterritorial reach. Ennio Morricone...more

Knobbe Martens

Westerngeco L.L.C. v. Ion Geophysical Corp. [Opinion On Remand]

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Federal Circuit Summary - Before Dyk, Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine Brazil's new data protection regulation, the French data protection authority's warning to two companies of potential GDPR violations and the U.S....more

A&O Shearman

Former Forex Trader Successfully Avoids Extradition From The UK Through Appeal To UK's High Court Of Justice

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On July 31, 2018, the High Court of Justice of England and Wales, Queen’s Bench Division, rejected the United States (“U.S.”) government’s request to extradite a former FX trader and the former head of a bank’s foreign...more

Mintz - Intellectual Property Viewpoints

WesternGeco v. ION Geophysical Corp. and Lost Profit Damages under § 271(f)

An introduction to § 271 - Section 271 of Title 35 of the United States Code is the statute that codifies unlawful acts of patent infringement. The most commonly asserted provisions are § 271(a) (direct infringement), §...more

Proskauer - Minding Your Business

Location, Location, Location: Microsoft Debate Over Government’s Access to Overseas Data Heads to the Supreme Court

On October 16, 2017, the Supreme Court agreed to review the Second Circuit’s decision in United States v. Microsoft Corp., a case that highlights the current tension between law enforcement needs and privacy concerns in a...more

Robinson+Cole Data Privacy + Security Insider

Solicitor General Urges Supreme Court Review of Second Circuit Microsoft Decision

On June 23, 2017, the Office of the Solicitor General (OSG) filed a petition for a writ of certiorari with the United States Supreme Court requesting reversal of a 2016 decision in which the U.S. Court of Appeals for the...more

Foley & Lardner LLP

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

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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

Burr & Forman

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

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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

Morrison & Foerster LLP

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

Jones Day

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"US Supreme Court Holds That Exporting One Component of Invention Abroad Does Not Suffice for Patent Infringement"

In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise...more

Ladas & Parry LLP

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

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On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

Foley & Lardner LLP

Supreme Court Reins in International Supplier Liability under U.S. Patent Law

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On February 22, 2017, the Supreme Court handed down a unanimous opinion in Life Technologies. Corp. v. Promega Corp., 580 U.S. ___ (2017) (Roberts, C.J., recused), holding that manufacturing and exporting a single component...more

Fenwick & West LLP

Litigation Alert: The Supreme Court Reverses Federal Circuit Ruling on Extraterritorial Patent Infringement

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In an opinion that will likely give peace of mind to businesses shipping products from the U.S. abroad, Justice Sonia Sotomayor, writing for a unanimous Supreme Court, reversed the Federal Circuit in Life Technologies v....more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

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Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

Foley & Lardner LLP

The Supreme Court to Tackle Extraterritorial Reach of U.S. Patents

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The Supreme Court recently granted certiorari in Life Techs. Corp. v. Promega Corp., 14-1538, to resolve: “[w]hether a supplier can be held liable for providing ‘all or a substantial portion of the components of a patented...more

Bracewell LLP

Second Circuit Rules that Federal Warrants Do Not Apply to Electronic Information Stored Overseas

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On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. In its decision, the court overturned...more

Dorsey & Whitney LLP

What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum

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Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more

Knobbe Martens

Federal Circuit Review | August 2015

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Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice - In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held that claims directed to...more

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