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Patents Importers

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.

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

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

Braumiller Law Group, PLLC

Braumiller Law Group & Braumiller Consulting Group February 2024 newsletter

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Womble Bond Dickinson

Kohler Lets Design Patent Infringement Charges Flow in New Complaint

Womble Bond Dickinson on

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

McDermott Will & Emery

Non-Respondent’s Product Cannot Be Adjudicated for Infringement in Context of General Exclusion Order

McDermott Will & Emery on

The US International Trade Commission issued a general exclusion order (GEO) excluding from entry into the United States products infringing patents directed to luxury vinyl tile, but vacated findings in the Initial...more

McDermott Will & Emery

Knowledge and Control of Importation Can Lead to § 337 Violation

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision that a respondent qualified as an importer under § 337 despite not being the actual importer of record, based on the...more

ArentFox Schiff

New Bill Would Authorize US Customs to Enforce Design Patents

ArentFox Schiff on

Currently, CBP is empowered to seize counterfeit merchandise or packaging that violates those copyrights, trademarks, and trade names that have been previously recorded with CBP. The Bill would allow CBP to make similar...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

Knobbe Martens

[Webinar] ITC Enforcement: Hot Topics In IP Enforcement At The International Trade Commission - July 30th, 10:00am PT

Knobbe Martens on

Please join Attorney Sheila Swaroop, Baraa Kahf, and Jonathan Bachand for a roundtable discussion going over interplay with Patent Office proceedings, use of the pilot program, updates on domestic industry, and the latest on...more

McDermott Will & Emery

Quantify Versus Quality Determines Domestic Industry - Lelo Inc. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit reversed a finding by the U.S. International Trade Commission (ITC) of a violation of § 337, concluding that the Commission’s use of a qualitative analysis could not meet the...more

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

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

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