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Trade Secrets › Patents › International Trade Commission (ITC)

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
WilmerHale

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

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On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

WilmerHale

A Secret On Sale: When Trade Secrecy and Invention Disclosure Collide

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You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more

Seyfarth Shaw LLP

Celanese v. ITC – Exploring the Crossroads of Trade Secrets and Patent Rights Post AIA

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On March 4, the Federal Circuit, heard oral arguments for Celanese Int’l. v ITC, 22-1827 (Fed. Cir. 2024), a case that may reshape the dynamics between trade secrets and patent rights....more

Haug Partners LLP

2023 in Review at the International Trade Commission

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Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

BakerHostetler

2024 BakerHostetler IP Perspectives - Forecasts, Trends and Accomplishments

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Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with...more

Dunlap Bennett & Ludwig PLLC

Apple Watch Imports (Possibly) Banned By The ITC: What Patent Owners Need To Know

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Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California....more

Axinn, Veltrop & Harkrider LLP

Trade Secrets, ET, and the ITC

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The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to have infringed or misappropriated complainants' IP rights. Moreover, the ITC’s in rem...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

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The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

Fish & Richardson

ITC Monthly Wrap-Up: February 2023

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Over the past 10 years, the Commission’s 100-day program has evolved from a pilot program launched in 2013 to codification under Rule 210.10(b)(3). Rule 210.10(b)(3) authorizes the Commission to order the Administrative Law...more

WilmerHale

PTAB/USPTO Update - May 2022

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USPTO Leadership - On April 13, Kathi Vidal was sworn in as the new Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Director Vidal offered...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

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The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Goodwin

AbbVie Allegations of Trade Secret Misappropriation by Alvotech hf.

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Earlier this year, AbbVie Inc. and AbbVie Biotechnology Ltd. filed a Complaint against Alvotech hf. in the US District Court for the Northern District of Illinois alleging theft of trade secrets relating to adalimumab. In...more

Mintz - Intellectual Property Viewpoints

Fast Track to Justice for Trade Secret Theft at the ITC: New Senate Bill Would Expand ITC Authority to Curtail Trade Secret Theft...

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Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The...more

Kerr Russell

What To Know About The US International Trade Commission

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The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more

Fish & Richardson

ITC Litigation: Introduction to Trade Secret Protection at the ITC

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We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context—as another forum for patent litigation....more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...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

Jones Day

Some ITC Decisions Create Collateral Estoppel

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While patent decisions from the ITC do not have collateral estoppel effects on later district court cases, other ITC decisions may create collateral estoppel. In a case of first impression, a district court recently ruled...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

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Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Dickinson Wright

Intellectual Property Tailwinds Continue To Favor Section 337 Enforcement Actions Before The International Trade Commission

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Section 337 intellectual property enforcement actions before the International Trade Commission (“ITC”) continue to gain in popularity....more

Mintz - Intellectual Property Viewpoints

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

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Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

Hogan Lovells

Global IP outlook 2018

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2017 was a year of widespread political, technological, and legal changes; leading to lack of certainty and creating both challenges and opportunities for businesses in 2018 and beyond. ...more

Jones Day

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

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The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

Jones Day

ITC Declassifies Portions of Final Determination

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In re Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944 (ITC Comm’n Apr. 19, 2017), is a surprisingly rare opinion addressing a common issue: When should the ITC redact a portion of an...more

McDermott Will & Emery

ITC Sanctions for “Staggering” Destruction of Evidence Upheld

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Addressing the imposition of sanctions for spoliation in a US International Trade Commission (ITC) case, the US Court of Appeals for the Federal Circuit upheld the ITC’s imposition of default judgment sanctions and an...more

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