News & Analysis as of

Patents Customs and Border Protection Patent Infringement

Mintz - Intellectual Property Viewpoints

Regulation, Enforcement, and Associated Challenges: Part II

Given the continued challenges in policing the burgeoning ENDS marketplace, as previously discussed in Part I of this article, in mid-2024 FDA and DOJ announced the establishment of a federal multi-agency task force to combat...more

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Wolf, Greenfield & Sacks, P.C.

[Hybrid Event] Damage Control: Mitigating ITC Remedial Orders with Effective Redesign and Parallel Litigation Strategies -...

Join litigation shareholder Libbie DiMarco as she breaks down the latest developments for mitigating ITC remedial orders with effective litigation strategies ranging from product redesigns (and when to introduce them) to PTAB...more

Mintz - Intellectual Property Viewpoints

Are Design Patents Missing From Your IP Portfolio?

A design patent protects the visual ornamental characteristics of an article, including consumer and industrial products, medical devices and related tools, sports equipment, jewelry, product packaging, and even web-based and...more

Morgan Lewis

ITC Rescinds Seizure & Forfeiture Order after CIT Determines Redesign Does Not Infringe

Morgan Lewis on

A recent decision by the International Trade Commission (ITC) to temporarily rescind a seizure and forfeiture order after the Court of International Trade (CIT) granted summary judgment of non-infringement for certain...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....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

Jones Day

ITC Grants Request for Carve-Out in Limited Exclusion Order With Certification Provision

Jones Day on

In a recent Initial Determination (“ID”), ALJ McNamara indicated that the inclusion of a certification provision in the Limited Exclusion Order (“LEO”) was warranted to allow the respondent to import non-infringing redesigns....more

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

Jones Day

Commission Continues Use of Standard Certification Provision Even When Finding That All Accused Products Infringe

Jones Day on

In a recent Opinion, the Commission continued the practice of including its usual certification provision in the Limited Exclusion Order despite the complainant’s request for a more restrictive certification provision. In re...more

Robinson & Cole LLP

P+T Intelligence Newsletter - February 2018

Robinson & Cole LLP on

Patent infringement defendants have been enjoying a good ride for some time now. The Supreme Court, with decisions like Alice Corp. v. CLS Bank International, have for the most part raised the barriers for patentees and...more

King & Spalding

ITC Section 337 Update – March 2016

King & Spalding on

BriarTek IP, Inc. Petitions for Writ of Certiorari - On February 10, 2016, BriarTek IP, Inc. filed a petition for writ of certiorari to review a judgment of the United States Court of Appeals for the Federal Circuit that...more

McAfee & Taft

Beefing up border security

McAfee & Taft on

With a presidential election looming, we’re hearing a lot about “border security” in the news. Most of us know that U.S. Customs and Border Protection (“U.S. Customs”) is charged with keeping out illegal immigrants, but did...more

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