News & Analysis as of

Reversal Exclusion Orders

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

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

McDermott Will & Emery

ITC Must Grant Relief Against Defaulting Respondents

Addressing an International Trade Commission (ITC) refusal to enter an exclusion order against defaulting respondents, the US Court of Appeals for the Federal Circuit reversed, holding that the ITC is required to grant relief...more

Jones Day

For Defaulting Respondents, Commission Must Issue a Remedy Unless Public Interest Would Be Harmed

Jones Day on

Last week, in Laerdal Medical Corp. v. ITC, No. 17-2445 (Fed. Cir. Dec. 7, 2018), the Federal Circuit held that, once the ITC institutes an investigation, it cannot reconsider the adequacy of the complaint. Normally, that...more

Knobbe Martens

Federal Circuit Weighs In on Converse's Midsole Trade Dress

Knobbe Martens on

On October 30, 2018, the Federal Circuit weighed in on Converse’s Chuck Taylor trade dress infringement lawsuit. As reported in If the IP Fits, Wear It: IP Protection For Footwear – a U.S. Perspective, Converse filed over 30...more

Jones Day

Colorable Difference Test Not Applicable to CDO Sanctions

Jones Day on

A recent ITC enforcement decision highlights the importance of redesigns as an effective strategy for Respondents at the ITC....more

Mintz - Intellectual Property Viewpoints

ITC Issues Public Commission Opinion Clarifying Methodology for Allocating Domestic Industry Expenses and Issuing Exclusion Order...

On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more

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