News & Analysis as of

Imports Intellectual Property Protection

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

Strategies for ITC Success: Insights from the Client Perspective

In a recent presentation featuring Uma Everett, Director at Sterne Kessler, and Dallin Glenn, General Counsel at BTL Industries, Inc., we discussed strategies for succeeding in an ITC investigation, focusing primarily on the...more

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

[Webinar] Strategies for ITC Success: Insights from the Client Perspective - June 4th, 1:00 pm - 2:00 pm ET

Join us for our upcoming webinar, “Strategies for ITC Success: Insights from the Client Perspective,” on Tuesday, June 4, 2024, from 1:00 PM – 2:00 PM (EDT). Director Uma Everett will be joined by Dallin Glenn, General...more

Jones Day

Canadian Drug Importation May Undermine Intellectual Property Protection

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The Situation: Earlier this year, Florida became the first state to receive authorization for its Section 804 Importation Program ("SIP") from the U.S. Food and Drug Administration ("FDA"). This initial step toward the legal...more

Wolf, Greenfield & Sacks, P.C.

Top Five Recent Developments in Section 337 Litigation

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more

Troutman Pepper

Women at the ITC in 2023: What This Year's Data Shows

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For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are...more

American Conference Institute (ACI)

[Event] 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement - May 29th - 30th, Washington, DC

Returning to Washington in May, ACI’s 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading...more

Linda Liu & Partners

Brief Analysis of the Application of the United Nations Convention on Contracts for the International Sale of Goods in disputes...

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The author recently handled a civil lawsuit in which the plaintiff was a foreign company and the defendant was a Chinese company, and the contract stipulated that the dispute arising thereof should be resolved through...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding...

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more

White & Case LLP

Switzerland implements EU's 11th package of sanctions on Russia, expanding existing restrictions and extending derogations

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On the 16th of August, Switzerland adopted new measures against Russia, following the EU's 11th sanctions package. Switzerland extends the scope of existing sanctions, for example extending export bans to cover the transfer...more

Womble Bond Dickinson

Kohler Lets Design Patent Infringement Charges Flow in New Complaint

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Kohler Co. v. Sweethome d/b/a Sweethome247.com, Case No. 2:23-cv-06889 (C.D. California, Aug. 22, 2023) - The Kohler Co. is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based...more

Fish & Richardson

Federal Circuit to Consider the Relevance of an Alleged Infringer’s “Intent” in a Hatch-Waxman Safe Harbor Analysis

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The Federal Circuit will consider the relevance of an alleged infringer’s intent in a safe harbor analysis in the appeal of Edwards Lifesciences Corp. v. Meril Life Scis. Pvt.1 The District Court granted summary judgment that...more

BCLP

USTR to Close Comment Period on Continuation of Section 301 Tariffs on Chinese Imports on January 17

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The U.S. Trade Representative (USTR) is now accepting comments from the public on whether to continue the current Section 301 tariffs on imported goods of Chinese origin. Commenters are guided by a questionnaire that the USTR...more

Jones Day

EU Anti-Counterfeit Regulation Does Not per se Allow Repackaging of Parallel Imported or Parallel Traded Pharmaceuticals

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In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more

A&O Shearman

Parallel imports of repackaged medicinal products – when can brand owners oppose?

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Three cases handed down on 17 November 2022 by the EU’s highest court shed important light on the ability of brand owners to oppose the repackaging of medicinal products, particularly where anti-tampering devices are replaced...more

Venable LLP

Section 301 Update: USTR Seeks Public Comment on the Efficacy of Section 301 Tariffs

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​​​​​​​In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and...more

Fish & Richardson

ITC Monthly Wrap-Up: September 2022

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September saw six complainants file seven new Section 337 complaints with the Commission. This month’s ITC Wrap-Up focuses on a recent trend among several Commissioners that could increase the number of cease and desist...more

Blank Rome LLP

What Trademark Holders Should Know About Russia's Authorization of Parallel Imports

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The Russian government has issued regulations authorizing importation into Russia of specified luxury items without the consent of the relevant trademark owners, in an apparent effort to circumvent Western sanctions...more

Morrison & Foerster LLP

Downstream Remedy at the ITC: The Continuing Applicability of the EPROMs Analysis

Under Section 337 of the Tariff Act of 1930, as amended (“Section 337”), the U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that...more

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

MarkIt to Market® - November 2021: Watching the Pot™

ITC to Determine if Importing of Oil-Vape Cartridges to Go Up in Smoke - The ITC recently initiated an investigation into whether 38 manufacturers' imports of oil-vape cartridges used to smoke cannabis and THC infringe a...more

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

MarkIt to Market® - November 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. In this...more

Spilman Thomas & Battle, PLLC

Nature of Patents and Patent Rights

When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant to the patentee, and a printed copy of the...more

McDermott Will & Emery

[Ongoing Program] Session 2: Trade Policy Outlook Under The Biden Administration - September 14th, 10:00 am - 11:00 am KST

KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more

Planet Depos, LLC

Proposed SECRETS Act of 2021: What To Know

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There has been a recent increase in the volume of complaints filed with the International Trade Commission – to be specific, in complaints alleging misappropriation of trade secrets and their unauthorized use in imports to...more

Mintz - Intellectual Property Viewpoints

Fast Track to Justice for Trade Secret Theft at the ITC: New Senate Bill Would Expand ITC Authority to Curtail Trade Secret Theft...

Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The...more

Williams Mullen

[Event] 2021 Firearms Industry Compliance Conference - June 8th - 9th, Orlando, FL

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Orchid LLC and Williams Mullen’s Firearms Industry Group will host the 2021 Firearms Industry Compliance Conference (“FICC”)... The 2021 conference is designed primarily for manufacturing CEO / owners, attorneys, and...more

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