In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial...more
11/11/2019
/ Administrative Law Judge (ALJ) ,
Domestic Industry Requirement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Multinationals ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Threshold Requirements
Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that...more
In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) provided useful guidance for patentees by reaffirming that there is no categorical rule that patent...more
In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) held that domestic industry products do not need to be commercially available to satisfy section...more
The August 13, 2019 decision from the United States District Court for the District of New Jersey in WAG Acquisition, LLC v. Multi Media LLC, Civil Action No. 2-14-cv-02340, deals a blow to a common attack on litigation...more
Calculating royalty rates as part of a patent dispute often becomes a hotly-disputed issue, where opposing economic theories from expert witnesses are pinned against one another. As a litigant, care must be taken when...more
A recent decision in the Eastern District of Texas should provide standard-essential patent (“SEP”) owners with more clarity and optimism when negotiating SEP licenses. Coming on the heels of Judge Koh’s decision in the FTC’s...more
6/6/2019
/ 5G Network ,
Breach of Contract ,
Ericsson ,
FRAND ,
Good Faith ,
HTC ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Popular ,
Qualcomm ,
Royalties ,
Standard Essential Patents
On April 26, 2019, Administrative Law Judge (“ALJ”) Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission’s (“ITC”) jurisdictional authority extends to...more
A recent decision by the International Trade Commission (“ITC” or the “Commission”) held that pre-commercial or non-commercial items qualify as “articles” for purposes of section 337 investigations. The decision opens up the...more
A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves a patent owner’s ability to demonstrate that it possesses a statutorily required “domestic industry” and can therefore obtain relief...more
A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves intellectual property holders’ ability to prove that they have a “domestic industry” and obtain relief for infringement from the...more
7/17/2018
/ Administrative Law Judge (ALJ) ,
Capital Expenditures ,
Capital Investments ,
Domestic Industry Requirement ,
International Trade Commission (ITC) ,
Manufacturers ,
Manufacturing Equipment ,
Patent Infringement ,
Patents ,
Research and Development ,
Section 337
On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both...more
5/11/2018
/ Administrative Law Judge (ALJ) ,
Amended Rules ,
Discovery Disputes ,
Expert Testimony ,
Federal Pilot Programs ,
Federal Rules of Civil Procedure ,
International Trade Commission (ITC) ,
New Rules ,
Patents ,
Rules of Practice ,
Section 337
The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more
10/7/2017
/ Administrative Law Judge (ALJ) ,
Breach of Contract ,
Burden of Proof ,
Forum Selection ,
FRAND ,
Injunctive Relief ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patents ,
Sony ,
Standard Essential Patents ,
Standard Setting Organizations ,
Waivers
The decision in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (“1012 Investigation”), is still confidential, but the ITC...more
In a first of its kind decision with important ramifications for patentees, the U.S. International Trade Commission (“ITC”) denied a petition to suspend or temporarily rescind remedial orders issued in Investigation No....more
7/28/2017
/ Appeals ,
Cisco ,
Exclusion Orders ,
Final Written Decisions ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more
6/26/2017
/ Administrative Law Judge (ALJ) ,
Business Expenses ,
Cost Allocation ,
Domestic Corporations ,
Exclusion Orders ,
Imports ,
International Trade Commission (ITC) ,
Medical Devices ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Public Interest ,
Reversal ,
Section 337
The Patent Trial and Appeal Board (“PTAB”) issued Final Written Decisions regarding Cisco’s U.S. Patent Nos. 6,377,577 (the “’577 Patent”) and 7,023,853 (the “’853 Patent”) on May 25, 2017 and U.S. Patent No. 7,224,668 (the...more
6/15/2017
/ Appeals ,
Assignor Estoppel ,
Cease and Desist Orders ,
Cisco ,
Concurrent Litigation ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Stays
The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more
9/3/2016
/ Anti-Piracy ,
Appeals ,
CAFC ,
Digital Downloads ,
Digital Goods ,
Digital Media ,
Electronic Data Transmissions ,
Entertainment Industry ,
Imports ,
Induced Infringement ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patents ,
Petition for Writ of Certiorari ,
Precedential Opinion ,
Section 337 ,
Software
This week, in Samsung Electronics Co. v. Apple Inc., No. 15-777, the Supreme Court granted Samsung’s petition for certiorari and agreed to hear the case about Apple’s smartphone design patents in its upcoming term. This will...more
3/29/2016
/ Apple ,
Apple v Samsung ,
Damages ,
Design Patent ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
Samsung ,
SCOTUS
On Monday, October 19, 2015, the U.S. Supreme Court granted certiorari to hear two patent infringement cases on the issue of willfulness. The first case is Stryker Corp. v. Zimmer Inc. and the second one is Halo Elecs., Inc....more
10/21/2015
/ Certiorari ,
Damages ,
Objective Unreasonableness Standard ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
Stryker Ortho ,
Treble Damages ,
Willful Infringement
The International Trade Commission proposed a series of new procedural rules, which were published in the Federal Register on September 24, 2015. This blog post provides a summary of the more notable proposed changes to the...more
9/29/2015
/ Abusive Discovery Strategies ,
Comment Period ,
Corporate Counsel ,
Evidentiary Hearings ,
Expert Witness ,
Federal Register ,
Federal Rules of Civil Procedure ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Motion for Sanctions ,
NPRM ,
Patents ,
Popular ,
Privileged Communication ,
Proposed Regulation ,
Rules of Practice ,
Severability Doctrine ,
Young Lawyers
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
8/18/2015
/ Appeals ,
Chevron Deference ,
En Banc Review ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patents ,
Reversal ,
Section 337 ,
Suprema
On July 29, Representatives Charles Boustany, Jr. (R-La.) and Richard E. Neal (D. Mass.) introduced draft legislation to the House Ways and Means Committee that would provide favorable tax treatment on certain intellectual...more
8/14/2015
/ Foreign Subsidiaries ,
Innovation ,
Innovation Box ,
Innovation Promotion Act ,
Patents ,
Pharmaceutical Industry ,
Proposed Legislation ,
Repatriation ,
Tax Credits ,
Technology Sector ,
Ways and Means Committee
On Tuesday, August 11, the Federal Circuit heard oral arguments in ClearCorrect v. International Trade Commission, a case that will decide whether the ITC has the power to exclude intangible items that are imported digitally...more
Yesterday morning, the full Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC and reversed the controversial Federal Circuit opinion that had effectively precluded the International Trade Commission from...more
8/12/2015
/ Covered Business Method Patents ,
Direct Infringement ,
En Banc Review ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Suprema