News & Analysis as of

US Implements Additional Measures to Liberalize Cuba Sanctions

On September 21, 2015, the United States further amended existing regulations to implement the changes announced by President Obama on December 17, 2014 liberalizing US sanctions and export controls targeting Cuba. As a...more

Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies....more

EPA Proposes Changes To RCRA Hazardous Waste Export And Import Regulations

Prompted by a 2013 Commission for Environmental Cooperation (CEC) report on hazardous waste exports from the U.S. and changes to the 2001 Organization for Economic Cooperation and Development’s (OECD) Council Decision for...more

Shrinking Sanctions: New Changes Allow U.S. Companies to Establish Cuban Business Presence

Policy changes announced by the Obama administration on September 18 will allow U.S. food and agriculture companies, U.S. telecommunications companies and U.S. building material supplier companies to establish a business...more

A New Reality for Uncooperative Parties

Recent changes to the antidumping laws will make it more difficult for uncooperative parties to argue for a reduced dumping rate on appeal. Section 502 of the Trade Preferences Extension Act of 2015 (“the Act”) amends the...more

US Government Further Relaxes Trade Restrictions with Cuba

However, the new transaction rules leave the embargo largely in effect. Early this week, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and...more

CBP Updates Timeline for Mandatory Use of ACE

U.S. Customs and Border Protection (“CBP”) recently released an updated timeline for the mandatory use of the Automated Commercial Environment (“ACE”). Customs has been working with partner government agencies and the trade...more

TSCA: EPA Releases Final SNUR for HBCD, and EPA’s SNUR Reach Over Imported Article Continues

The U.S. Environmental Protection Agency (EPA) released on September 17, 2015, a signed final significant new use rule (SNUR) for hexabromocyclododecane or 1,2,5,6,9,10-hexabromocyclododecane (HBCD). Under the final rule,...more

U.S. Customs and Border Protection Expands Scope of Counterfeit Information to Which Trademark Owners Are Entitled

U.S. Customs and Border Protection (CBP) published a final rule on September 18, 2015, that implements procedures for sharing information about imported merchandise with trademark owners for purposes of determining whether...more

Successful Strategies for Doing Business in Asia: Vietnam (Updated)

WHAT ROLE WILL THE GOVERNMENT OF VIETNAM PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? The Ministry of Planning and Investment (MPI) is the central administrative body that oversees all investment...more

BioPharma Patents: Quick Tips & News - September 2015

For our BioPharma audience, you might be interested in Harness Dickey’s Quarterly BioPharma Newsletter, which reports on the impact of the Akamai v. Limelight, Suprema v. ITC, and Amgen v. Sandoz cases on the BioPharma...more

In the Wake of Trade Agenda Momentum, TPP Negotiations Continue

The United States made significant headway with the Administration's trade agenda in the summer of 2015. With the passage of Trade Promotion Authority, Congress has agreed to ensure trade agreements negotiated by the...more

Whither The Injury Standard?

Given the long history of the material injury standard and the numerous determinations made over the years using the standard in antidumping and countervailing duty investigations, one might expect that the nature of the...more

Federal Circuit Patent Updates - August 2015

The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach). Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more

Food and Beverage Alert (US)

Former food executive faces possible life sentence for salmonella outbreak. The possible fate of Stewart Parnell, a former president of the Peanut Corporation of America, is being discussed in media worldwide. Federal...more

EU-Vietnam Trade Deal

The EU and Vietnam have concluded the substantive elements of a Free Trade Agreement (FTA), widely-hailed as one of the most ambitious and comprehensive such agreements that the EU has concluded with a developing country....more

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement - Suprema, Inc. and Mentalix Inc. v. Int’l Trade...

In a 6-4 ruling, a sharply divided en banc Federal Circuit overturned the original panel decision and deferred to the International Trade Commission’s (ITC or Commission) interpretation of the phrase “articles that …...more

US China Trade War — Stock Market Crash, Presidential Trade Politics, Trade Policy, Customs, Antitrust and Securities

The Chinese stock market crash and world- wide effect on stock markets around the World has created a crisis with day to day developments. The World Stock market crash stated on August 24, 2015 and went through to August...more

Attention Exporters: C-TPAT Web Portal Updated Adding Exporter Application

The Customs-Trade Partnership Against Terrorism (C-TPAT) certification program is a voluntary government program through which importers and exporters can agree to implement and maintain a set of predetermined supply chain...more

Russian Legislation Update

In this issue: - Corporate: Civil Code Reform, Model Company Charters - Rating Agencies - Import Substitution - Currency Control - Banking - Excerpt from Corporate: Civil Code Reform: On 29 June 2015...more

Federal Circuit’s En Banc Suprema Ruling Confirms the ITC’s Authority to Exclude Imported Goods Used to Directly Infringe in the...

On August 10, 2015, the Federal Circuit held that under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) could exclude from the United States imported goods that, after importation, are used in...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

Divided Federal Circuit Says U.S.I.T.C. May Exclude Indirectly Infringing Items

The U.S. International Trade Commission (ITC) is a powerful tool for enforcing intellectual property rights. The U.S. Court of Appeals for the Federal Circuit recently expanded that power – at least for the time being,...more

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement

Suprema, Inc. and Mentalix Inc. v. Int’l Trade Comm’n, Case No. 12-1170 (Fed. Cir. Aug. 10, 2015) (Reyna, J.) (O’Malley, Proust, Lourie, and Dyk JJ., dissenting). By way of background, appellee Suprema manufactures...more

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