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Appeals International Trade Commission (ITC)

McDermott Will & Emery

Patent by Secret Process: Perils of Pre-Patent Profiting

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The US Court of Appeals for the Federal Circuit affirmed the International Trade Commission’s (ITC) determination that the asserted process patents were invalid under the America Invents Act (AIA) because products made using...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #3

Allergan USA, Inc. v. MSN Laboratories Private Ltd., Appeal No. 2024-1061 (Fed. Cir. August 13, 2024) In this week’s Case of the Week, the Federal Circuit clarifies rules relating to when an applicant’s patent can be...more

Knobbe Martens

The On-Sale Bar Still Applies to the Products of Secret Processes

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CELANESE INTERNATIONAL CORPORATION v. ITC - Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C. § 102(a)(1)) when...more

Mintz - Intellectual Property Viewpoints

Assessing the Impact of Recent Supreme Court Decisions on Section 337 Practice – Less than Meets the Eye?

Late last month, the Supreme Court issued two opinions which seemingly shook up the field of administrative law.  As explained in this article, however, while both decisions bear significantly on certain administrative...more

McDermott Will & Emery

Stud-y Harder: Domestic Industry Must Be Established for Each Asserted Patent

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Addressing a final determination by the US International Trade Commission of no violation of § 337, the US Court of Appeals for the Federal Circuit affirmed that the complainant had not satisfied the economic prong of the...more

Haug Partners LLP

STUDying Investments Patent-by-Patent: Zircon, Corp. v. International Trade Commission

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The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon...more

McDermott Will & Emery

Cross-Appeals Fail to Strike a Chord

In the latest development in the ongoing litigation saga between competitors Sonos and Google, the US Court of Appeals for the Federal Circuit affirmed the US International Trade Commission’s determination that the original...more

McDermott Will & Emery

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

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Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: The Public Interest Impact – Considerations from AliveCor and Masimo

The year 2023 was marked by two landmark Commission determinations resulting in exclusion orders and cease and desist orders against a popular consumer wearable—the Apple Watch. both investigations focused on health...more

Haug Partners LLP

Roku, Inc. v. International Trade Commission – The Power of Words in Patent Assignments

Haug Partners LLP on

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on patent assignments and satisfying the “domestic industry” requirement at the International Trade Commission (“ITC”) in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends

Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis and Trends: An Introduction from the Editor

Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more

McDermott Will & Emery

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2024 #4

Roku, Inc. v. International Trade Commission, Appeal No. 2022-1386 (Fed. Cir. Jan. 19, 2024) In an appeal from the International Trade Commission (the “Commission”), the Federal Circuit addressed a number of findings...more

Bradley Arant Boult Cummings LLP

Recharged and Ready to Go?

Phillip Morris can’t seem to catch its breath. As discussed in a previous post, just a few weeks ago the Federal Circuit upheld the ITC’s ban on the importation and sale of Phillip Morris’s line of heated tobacco and...more

Bradley Arant Boult Cummings LLP

Federal Circuit Vaporizes Phillip Morris’s Obviousness Challenge in “a Close One”

In a recent precedential decision, the Federal Circuit shot down arguments from appellants Phillip Morris Products S.A., Phillip Morris USA, Inc. and Altria Client Services LLC (Phillip Morris) that challenged the ban on its...more

McDermott Will & Emery

No Smoking Gun Here: Soliciting Input Sufficient to Satisfy Commission’s Statutory Obligation

Addressing a decision by the US International Trade Commission finding a violation of Section 337, the US Court of Appeals for the Federal Circuit agreed with the Commission on a slew of issues, including its determination...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: ITC: Design Patents Continue to Outperform on Obtaining Remedies at the...

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: An Introduction from the Editor

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability IP Updates — December 2022

In U.S. technology news, Heliogen, Inc., a renewable energy technology company, recently announced its selection to receive a $4,100,000 award from the U. S. Department of Energy’s “Solar Energy Technologies Office” to...more

Foley & Lardner LLP

Federal Circuit Clarifies Conditions for Standard Essential Patents in LTE Technologies

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Standard Essential Patents (SEP) are patents that claim inventions needed to comply with a technical standard e.g., the 3G or LTE standards in mobile telecommunications technology. A SEP can benefit the patentee when licensed...more

McDermott Will & Emery

Present-Tense Claim Terms Not Sufficient to Require Actual Operation

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The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (Commission) decision that found no violation of Section 337 due to noninfringement. The Court disagreed with the Commission that...more

McDermott Will & Emery

Threat of ITC Exclusion Order Is Too Speculative to Constitute Irreparable Harm

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The US Court of Appeals for the Federal Circuit affirmed a decision by a federal district court denying a defendant’s motion for a preliminary injunction seeking to enjoin a parallel International Trade Commission (ITC)...more

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