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Patents › Foreign Manufacturers

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

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

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For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

Mintz - Intellectual Property Viewpoints

The Tall Tale of the Domestic Industry

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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

Mintz

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

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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

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

Ward and Smith, P.A.

Protecting Your Manufacturing Innovations from Foreign Competition

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Commercial necessity often dictates that even though an innovation in the manufacturing process for a product occurs in the United States, the product may actually be made overseas and then sent to the United States for sale....more

Mintz

Applying for a Waiver From U.S. Manufacturing Requirements For Federally Funded Intellectual Property

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Countless ideas and inventions are developed at U.S. universities every year, often with federal funding. Many of these important ideas could not be commercialized for the public’s benefit without the Bayh-Dole Act, which...more

McDermott Will & Emery

U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United...

McDermott Will & Emery on

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of...more

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 2 February 2013

Knobbe Martens on

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

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