News & Analysis as of

Patent Ownership Patent Infringement International Trade Commission (ITC)

Foley & Lardner LLP

Federal Circuit Opens the Door to Additional Domestic Industry Investment: “Ordinary Importer” No Longer

Foley & Lardner LLP on

In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the...more

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

2024 ITC Section 337 Year in Review: Analysis & Trends

Section 337 investigations at the U.S. International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of...more

Dinsmore & Shohl LLP

Federal Circuit Reiterates the Urgency of Opting for Patent Protection or Trade Secrecy, as the On-Sale Bar to Patentability Looms

Dinsmore & Shohl LLP on

Under 35 U.S.C. § 102, the “on-sale bar” invalidates a patent if an inventor has sold or made the invention publicly available more than one year before filing the patent application. Recently, the United States Court of...more

Jones Day

Petitioner Faulted For Not Preemptively Addressing Fintiv

Jones Day on

On July 17, 2023, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review petition based on the stature of a related U.S. District Court of...more

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

Senators Propose Bill to Strengthen Anti-Counterfeiting Toolkit with Design Patents

On December 5, 2019, four senators introduced a bill that would add an important tool to the design patent enforcement toolbox, making it easier and less expensive to enforce design patents at the U.S. border. Senators...more

Mintz - Intellectual Property Viewpoints

International Trade Commission Clarifies the Intersection Between Litigation Funding Agreements and Standing

On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC. In Certain Audio...more

Jones Day

Owning the Patent Isn’t Always Enough for Standing

Jones Day on

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

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