News & Analysis as of

Federal Trade Commission (FTC) International Trade Commission (ITC)

Axinn, Veltrop & Harkrider LLP

FDA After Chevron

Under the Supreme Court's Chevron doctrine, courts will defer to a federal agency's interpretation of an ambiguous statute unless that interpretation is unreasonable. Chevron U.S.A. Inc. v. Natural Resources Defense Council,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bio-Rad Laboratories, Inc. v. International Trade Comm. (Fed. Cir. 2021)

Last week, the Federal Circuit affirmed imposition of an exclusion order under 19 U.S.C. § 1337 (Section 337 of the Tariff Act of 1930) by the Federal Trade Commission against 10X Genomyx (an intervenor in this appeal) over...more

Kelley Drye & Warren LLP

COVID-19 Washington Update: July 2020 #4

Below, please find a summary of the federal government’s activities in response to COVID-19 since our last update. Please note that in light of the Congressional recess, we will only publish updates on Mondays, Wednesdays,...more

Foley & Lardner LLP

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

...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

Mintz - Intellectual Property Viewpoints

Out with the old, and in with the new: joint policy statement and recent cases confirm that injunctive relief on...

When licensing discussions with an intransigent implementer break down, SEP owners face a difficult question: what remedies are available (injunctive relief or damages) in each U.S. court (International Trade Commission and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Mintz - Intellectual Property Viewpoints

ITC to Review Controversial Apple-Qualcomm Decision

As anticipated, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”)...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

Sen. Hatch Introduces New Bill Regulating Cosmetic Safety - Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more

Troutman Pepper

U.S.-India Newsletter - Vol. 2016, Issue 3

Troutman Pepper on

Summer 2016 was a season of change. In Europe, we saw the "Brexit," with the United Kingdom voting to withdraw from the European Union. The June referendum sent shockwaves through the business and finance communities and...more

Fenwick & West LLP

Legal FAQ: Introduction to Patent Litigation

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Who enforces a patent? When can a district court patent case be filed? What does the patent holder have to prove to win an infringement suit? Fenwick patent litigators Charlene Morrow and Dargaye Churnet cover these and other...more

Foley Hoag LLP - Security, Privacy and the...

Details of the EU-U.S. Privacy Shield Framework Unveiled

The content of the Privacy Shield was made public yesterday and today. The new framework dedicated to the EU / US flow of personal data is in fact a combination of several documents issued by the US and the EU....more

Kelley Drye & Warren LLP

ITC Finds Nokia Does Not Infringe Interdigital Patents, So Does Not Address FRAND Issues (337-TA-613)

On Friday, the U.S. International Trade Commission issued a Notice on its review of Judge Essex’s decision in the InterDigital v. Nokia investigation and found that Nokia did not infringe InterDigital’s 3GPP patents (see our...more

Kelley Drye & Warren LLP

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

Mintz

FTC Commissioners Weigh in on FRAND Debate

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Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

Mintz

Writing on Her Own Behalf, Chairwoman Ramirez Takes a Position on FRAND

Mintz on

Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more

Mintz

DOJ Releases Electrifying New Guidance on Standard-Essential Patent Policy

Mintz on

The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s...more

King & Spalding

Government Shutdown Disrupts And Delays Various Trade Agency Functions

King & Spalding on

The federal government is, thankfully, back open for business. But the sixteen day shutdown, which disrupted a broad array of U.S. trade agency functions, will continue to have ramifications for months to come as federal...more

King & Spalding

ITC Section 337 Update – October 4, 2013

King & Spalding on

Commission Issues Notice Of Shutdown Of Investigative Activities – On October 1, 2013, the Commission issued a Notice that, as a result of the broader shutdown of the federal government, the Commission “will shut down...more

Dorsey & Whitney LLP

US China Trade War–Developments In Trade, Customs, Patents, Antitrust And Securities

Dorsey & Whitney LLP on

There have been some major developments in the trade, solar cells, Customs, 337/patents, antitrust and securities areas. On September 26th there were reports that the United States and China have been negotiating for the past...more

King & Spalding

Latest Developments On Injunctive Relief For Infringement Of FRAND Encumbered SEPs

King & Spalding on

This memorandum is directed to the current state of the case law in the U.S. International Trade Commission (ITC or “Commission”), the U.S. Federal Trade Commission (FTC) and the U.S. District Courts for parties seeking to...more

Foley & Lardner LLP

White House Announces Initiatives Against Patent Trolls

Foley & Lardner LLP on

On June 4, 2013, the White House issued a press release announcing its “Task Force on High-Tech Patent Issues.” The press release outlined five executive actions and seven legislative recommendations “designed to protect...more

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