On March 24, 2025, the United States Patent and Tradmark Office (“USPTO”) issued a new Memorandum providing guidance on discretionary denials (or “Fintiv denials”) for inter partes review (“IPR”) challenges based on...more
On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int’l Trade Comm’n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025). The three-judge panel, consisting of Chief...more
2/12/2025
/ Appeals ,
Enforcement Actions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investment ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Technology Sector ,
Trade Remedies
On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While...more
1/13/2025
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Competition ,
Discrimination ,
Enforcement Actions ,
FRAND ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Licensing Rules ,
Nokia ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Standard Essential Patents ,
Unfair Competition
Following my colleagues’ efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC) – specifically the “hot” issues that drew the most...more
At the International Trade Commission (ITC), every decision made by an Administrative Law Judge (ALJ) is subject to review by a panel of up to six Commissioners. In general, the Commission speaks as a unified voice through...more
According to Judge Gilstrap in the Eastern District of Texas, obligations to negotiate under fair, reasonable, and non-discriminatory (FRAND) terms apply not only to standard essential patent (SEP) holders but to implementers...more
Why should internet of things (IoT) manufacturers prepare to be approached by standard essential patent (SEP) holders? A recent trend suggests that many implementers may soon have to negotiate licenses that implicate...more
Litigation over standard-essential patents, or SEPs, can be a cyclical phenomenon, where litigation follows a generational change in technology.
We saw it with 3G and 4G technology, where each generational change led to a...more
11/30/2023
/ 5G Network ,
Cell Phones ,
FRAND ,
International Organization for Standardization ,
Internet of Things ,
OEM ,
Patent Royalties ,
Patents ,
Smart Car ,
Standard Essential Patents ,
Technology ,
Wi-Fi Hotspot
The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to have infringed or misappropriated complainants' IP rights. Moreover, the ITC’s in rem...more
More and more, when negotiating licenses for standard essential patents (SEPs) on fair, reasonable, and non-disciminatory (FRAND) terms, there has been an increased emphasis on the idea of a “willing" licensor or licensee....more
In a report by IPlytics, published today, they have confirmed what most in the business already presumed: that ownership of 5G standard essential patents (SEPs) is becoming increasingly fragmented. That means, as each patent...more
Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022.
In a sense, the rise of NPEs at the ITC was by...more
8/25/2023
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Domestic Industry Requirement ,
International Trade Commission (ITC) ,
Inventors ,
Investigations ,
Microchip Technology ,
Non-Practicing Entities ,
Patent Trolls ,
Patents ,
Section 337 ,
Startups ,
Universities