Last week, in Personalized Media Communications, LLC v. Apple, Inc., the Federal Circuit left intact Judge Rodney Gilstrap’s ruling of unenforceability based on prosecution laches and deprived Personalized Media...more
In a January 27, 2023 statement before a meeting of the World Trade Organization (WTO) Dispute Settlement Body, the United States indicated that it would appeal a series of recent WTO panel reports finding that its 2018...more
The US Court of Appeals for the Federal Circuit affirmed a decision granting summary judgment in favor of the US Patent & Trademark Office (PTO) regarding the propriety of imposing a restriction requirement on a pre-General...more
In Hyatt, the U.S. Court of Appeals for the Federal Circuit addressed “for the first time the PTO’s assertion of a prosecution laches defense in a civil action brought by a patentee under 35 U.S.C. § 145 to obtain a patent.”...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
On Tuesday, 1 June 2021, the Federal Circuit issued a rare decision holding that the Patent and Trademark Office (the PTO) may assert prosecution laches as an affirmative defense in a civil action brought by a patentee to...more
Allegations of genocide, forced labour, or widespread abuse of minorities in various countries fill the airspace daily; governments are increasingly paying heed to business practices abroad. In the EU and its member States,...more
While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the...more
The World Trade Organization (WTO) dispute settlement body ruled that the tariffs imposed by the U.S. on imports from China are inconsistent with the General Agreement on Tariffs and Trade (GATT), and recommended that the...more
The novel Coronavirus (2019-nCoV) has infected more than 50,000 and killed more than 1,000 persons across China. It has spread in France and England, and elsewhere. We knew “it“ was coming, but naively – if imprudently – we...more
Report on Supply Chain Compliance 2, no. 23 (December 12, 2019) - United States President Donald Trump tweeted in the early morning of December 2 that he would “restore the Tariffs on all Steel & Aluminum that is shipped...more
On August 25, 2019, President Donald Trump and Japanese Prime Minister Shinzo Abe jointly announced that the United States and Japan have reached an agreement on core principles of a bilateral trade agreement covering...more
A panel report issued by the World Trade Organization (WTO) in June 2019 concludes that preferences for in-state manufacturers, a common feature of many state renewable energy statutes, violate the General Agreement on...more
On April 5, 2019, a World Trade Organization (WTO) dispute settlement panel issued the first substantive WTO panel decision interpreting the “essential security” provision of the General Agreement on Tariffs and Trade (GATT...more
On January 28, 2019, the Department of the Treasury's Office of Foreign Assets Control (OFAC) designated Petróleos de Venezuela, S.A. (PdVSA) on the List of Specially Designated Nationals and Blocked Persons (SDN List). PdVSA...more
On August 29, 2018, the United States circulated a request for consultations to the World Trade Organization (WTO) members. The US has requested that the WTO help resolve a dispute between the US and Russia concerning...more
On 1 June 2018, the US imposed tariffs on imports of steel and aluminium from the EU, Canada and Mexico. The tariffs are 25% on steel and 10% on aluminium. ...more
On Friday, March 23, 2018, following President Trump’s signing of an executive memorandum directing the U.S. Trade Representative to propose a list of unspecified tariff increases on what the White House suggested might...more
On March 8, 2018, President Trump signed Presidential Proclamations adjusting imports of steel and aluminum into the US. This action marks the imposition of heavy tariffs on imports of steel and aluminum, in a move that may...more
Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national...more
K&L Gates' Global Tax Group has been monitoring the potential impact of the Border Adjustment Tax (BAT) across a number of jurisdictions. In our 14 February 2017 update, we commented that issues regarding the legality of...more
El Acuerdo sobre Facilitación del Comercio (AFC) entró oficialmente en vigor el 22 de febrero de 2017, después de alcanzar el umbral de 110 miembros de la Organización Mundial del Comercio (OMC), o dos tercios de su...more
The Trade Facilitation Agreement (TFA) officially went into effect Feb. 22, 2017, after reaching the World Trade Organization (WTO) members' ratification threshold of 110, or two-thirds of the WTO membership. The TFA is now...more
On June 24, 2016, on behalf of the House Republican Caucus, House Speaker Paul Ryan, R -Wis., and House Ways and Means Chairman Kevin Brady, R -Tx., proposed sweeping reforms of the U .S. income and corporate taxes. The...more
One of the great benefits of scientific inquiry is the capacity for presumptions and prejudices from experience to be challenged and explained in ways that are counter-intuitive. This is true even for disciplines like...more