Trademarks, International Trade Commission (ITC)

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2024

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

2024 BakerHostetler IP Perspectives - Forecasts, Trends and Accomplishments

BakerHostetler on 1/31/2024

Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with...more

A Look Ahead: Key Intellectual Property Legal Topics in 2024

Wolf, Greenfield & Sacks, P.C. on 1/4/2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences,...more

ITC Monthly Wrap-Up: November 2023

Fish & Richardson on 12/4/2023

This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s...more

International Trade Commission Issues Report of COVID-19 IP Waiver

McDonnell Boehnen Hulbert & Berghoff LLP on 11/9/2023

It came as something of a shock in May, 2021 when the Biden administration voiced support for waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19 vaccines (see "Biden Administration...more

How Rights Owners Can Be Proactive With CBP Enforcement

Foley & Lardner LLP on 8/9/2023

Ever since the U.S. Customs and Border Protection designated intellectual property rights, or IPRs, as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. In 2021 and 2022, CBP seized...more

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

Foley & Lardner LLP on 7/13/2023

The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

Foley & Lardner LLP on 4/12/2023

Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving....more

Change in Practice on Address for Service for International Trademarks and Designs Designating the United Kingdom

Ladas & Parry LLP on 3/16/2023

Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner...more

“Line-by-Line” vs. “As-a-Whole” Analysis: Clarifying the Mere Importer and Domestic Industry Analysis

Morrison & Foerster LLP on 2/27/2023

The International Trade Commission’s (“Commission”) majority and dissenting opinions in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (“In Vitro Fertilization”) illustrate two...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Introduction

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

ITC Monthly Wrap-Up: April 2022

Fish & Richardson on 5/10/2022

This month’s ITC wrap up reviews one decision from April and one from March, which highlight: (1) how the ITC handles exclusion orders as marketplaces move online; and (2) the impact of Federal Circuit remands at the ITC, as...more

ITC Monthly Wrap-Up: February 2022

Fish & Richardson on 3/15/2022

The Consequence of Being in Default - This month’s ITC wrap-up reviews the Commission’s Opinion In the Matter of Certain Vacuum Insulated Flasks and Other Components Thereof, Investigation No. 337-TA-1216, wherein the...more

7 KEY TAKEAWAYS: Recent Trends in ITC Practice

Kilpatrick on 12/6/2021

2021 has been a year of changes internationally and the International Trade Commission (ITC) has not remained untouched. In a presentation last month members of Kilpatrick Townsend’s ITC litigation group discussed recent...more

MarkIt to Market® - November 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/1/2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. In this...more

MarkIt to Market® - April 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/30/2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

USPTO/PTAB Update - February 2021

WilmerHale on 2/2/2021

USPTO Director Andrei Iancu and Deputy Director Laura Peter resigned from their respective posts prior to inauguration day. Commissioner for Patents Drew Hirschfeld and Senior Counsel Coke Morgan Stewart are temporarily...more

The Impact of COVID-19 and Accelerated Growth of E-commerce on Gray Market Sales

Haug Partners LLP on 1/8/2021

COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more

An Introduction to Patent Regulations

Fish & Richardson on 9/14/2020

As discussed in our prior piece on Patent Law, the United States patent system is built on a “carefully crafted bargain” between inventors and the public. Issuance of a patent allows the owner of that patent to prevent others...more

ITC 337 Quarterly Insider Q2 2020

Goodwin on 8/26/2020

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

Foley & Lardner LLP on 6/2/2020

...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

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