Will Resiliency Carry the Digital Asset Sector Through 2024: Federal Legislative Developments and OFAC Consent Orders — The Crypto Exchange Podcast
Takeaways for Banks from the CFPB’s Recent Consent Order on Garnishment Orders
This appeal marked the fourth Federal Circuit decision in a series of cases arising from BriarTek IP Inc.’s patents on two-way global satellite communication devices. BriarTek sought to enforce it patents against multiple...more
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
In conjunction with the release of the firm's year-in-review report, speakers will offer case summaries and analysis of the significant 2022 appellate rulings discussed in the report. Topics of the featured intellectual...more
The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court:...more
A survey of decisions at the International Trade Commission (“ITC”) reveals several pitfalls practitioners should seek to avoid when drafting consent orders and stipulations to terminate a Section 337 investigation. In...more
The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision upholding a civil penalty for violating a consent order based on a patent that was later found to be invalid...more
The Federal Circuit kicked off a new week of oral arguments today. And this week it finishes its goodbyes to Judge O’Malley, who officially retires on Friday (March 11). Even so, the work must go on. Below we provide our...more
DBN Holding, Inc. v. International Trade Commission, Appeal No. 2020-2342 (Fed. Cir. Mar. 1, 2022) - The Federal Circuit issued only one precedential decision this week relating to a patent case. On this appeal—the fourth...more
The International Trade Commission recently denied a request by an ITC respondent to rescind a $6 million penalty for violating a consent order based on patent claims later found invalid....more
SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Although the ITC must strictly comply with its rules, failure to do so...more
Investigations at the International Trade Commission (“ITC”) often involve intellectual property disputes that may also be the subject of parallel litigation in district court. This parallel litigation is often stayed pending...more
Addressing for the first time whether International Trade Commission (ITC) trademark infringement rulings have a preclusive effect on district court litigation, the US Court of Appeals for the Federal Circuit affirmed the...more
Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019). The Court...more
SWAGWAY, LLC V. ITC - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not...more
Addressing a US International Trade Commission (ITC) decision refusing to reassess its imposition of a civil penalty for a violation of a consent order, the US Court of Appeals for the Federal Circuit held that its earlier...more
In In the Matter of Certain Dimmable Comp Act Fluorescent Lamps and Products Containing Same, 333-TA-830 (ITC January 10, 2014), ALJ Pender found enforcement measures were appropriate for Respondent’s violation of a consent...more
In a recent Order, the Commission held that an earlier-entered Consent Order should be vacated in view of a settlement agreement between the parties but that the Commission did not have the authority to vacate a civil penalty...more
Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more
On November 28, 2016, the U.S. Supreme Court denied a writ of certiorari seeking appeal of the Federal Circuit’s decision to uphold the ITC’s imposition of a $6.2 million penalty against DBN, Inc. and BDN LLC (collectively,...more
DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more
Reviewing the International Trade Commission’s (ITC or Commission) finding of a violation of a consent order, a divided panel of the U.S. Court of Appeals for the Federal Circuit concluded that a subsequent finding that the...more
Federal Circuit Panel Rules Commission Lacks Jurisdiction Over Digital Transmissions – On November 10, 2015, the Federal Circuit issued a 2-1 panel opinion in ClearCorrect Operating LLC v. ITC, Appeal No. 2014-1527, reversing...more
uPI Semiconductor Corp. v. U.S. International Trade Commission and Richtek Technology Corp. v. U.S. International Trade Commission - The U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in...more
In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of...more