News & Analysis as of

Patents Extraterritoriality Rules Intellectual Property Protection

Hogan Lovells

Japan: Supreme Court Decision — Closing a loophole for patent infringements in cross-border network systems

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On March 3, 2025, the Supreme Court of Japan upheld the original judgment that found patent infringement in respect of the acts performed on a server located outside Japan, virtually affirming the extraterritorial application...more

Fish & Richardson

The Most Interesting Appellate Cases of 2024

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Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Applies WesternGeco Framework to Expert’s Effort to Seek Royalties Flowing from Customers Overseas

In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132;...more

McDermott Will & Emery

Reasonable Royalty Available for Foreign Activities (But Not This Time)

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a patent owner from seeking damages based on method claims infringed outside of the United States but confirmed that reasonable...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

International Lawyers Network

Defining Boundaries: IP Law Addresses Exterritoriality, Lexicography & Human Touch

“Yes, the law is about words…,” says Ben Chiriboga in writing about the essential skills that lawyers must have. And Ken White noted more recently that “the entire project of the law is about words meaning specific things.”...more

Mintz - Intellectual Property Viewpoints

ITC suggests 5% Threshold for Domestic Industry Assessment; order may impact tech companies

Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that...more

Mintz - Intellectual Property Viewpoints

The Tall Tale of the Domestic Industry

There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”),...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Patents - The World in U.S. Courts: Summer - Fall 2018

Dutch Parent Exercises Insufficient Control over US Subsidiary to be Deemed its "Alter Ego" - Britax Child Safety, Inc. v. Nuna International B.V., US District Court for the Eastern District of Pennsylvania, July 26, 2018....more

Jones Day

Research Prototypes Count Towards Domestic Industry

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In a recent opinion, the International Trade Commission (“ITC”) held that economic investments and activities related to patented pre-commercial and non-commercial articles can meet Section 337’s domestic industry...more

Mintz

ITC Provides Clarity on the Meaning of a Section 337(a)(2) “Article”

Mintz on

A recent decision by the International Trade Commission (“ITC” or the “Commission”) held that pre-commercial or non-commercial items qualify as “articles” for purposes of section 337 investigations. The decision opens up the...more

Jones Day

Economic Prong of Domestic Industry Requirement Is Not Evaluated in Relation to Complainant’s Overall Investments

Jones Day on

Administrative Law Judge Lord held the economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments. In re...more

Hogan Lovells

U.S. + Germany Patent Update – July 2018

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The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

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Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Ladas & Parry LLP

UK Supreme Court Decision In Actavis V. Eli Lilly – Doctrine Of Equivalents Recognized

Ladas & Parry LLP on

In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more

Orrick, Herrington & Sutcliffe LLP

The World in U.S. Courts - Winter 2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

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