Over the last decade, patent litigation has exploded at the International Trade Commission (“ITC”), which has caused the ITC to seek out ways to increase efficiency. Several years ago, the ITC introduced an early 100-Day...more
Last Thursday, September 10, 2020, the U.S. Department of Justice’s Antitrust Division (“DOJ”) issued an updated Business Review Letter (“2020 Letter”) to the Institute of Electrical Electronics Engineers, Incorporated...more
In an Initial Determination finding that Fujifilm violated Section 337 by infringing two patents held by Sony, ALJ Cheney found another patent invalid after ruling that inter partes review (“IPR”) estoppel does not apply to...more
Today the Patent Trial and Appeal Board announced a final rule changing the claim construction standard for interpreting claims in inter partes review (“IPR”), post-grant review (“PGR”), and covered business method patent...more
Last week, the Patent Trial and Appeal Board (the “Board”) denied a second challenge to a patent where the petitioners were co-respondents in an ITC investigation. In Shenzhen Silver Star Intelligent Tech. Co., Ltd. v....more
On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both...more
5/11/2018
/ Administrative Law Judge (ALJ) ,
Amended Rules ,
Discovery Disputes ,
Expert Testimony ,
Federal Pilot Programs ,
Federal Rules of Civil Procedure ,
International Trade Commission (ITC) ,
New Rules ,
Patents ,
Rules of Practice ,
Section 337
On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC. In Certain Audio...more
4/27/2018
/ Administrative Law Judge (ALJ) ,
Article III ,
Corporate Counsel ,
Exclusive Licenses ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
IP License ,
Litigation Strategies ,
Patent Infringement ,
Patent Ownership ,
Patents ,
Revenue Sharing ,
Standing
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
6/26/2017
/ Administrative Law Judge (ALJ) ,
Business Expenses ,
Cost Allocation ,
Domestic Corporations ,
Exclusion Orders ,
Imports ,
International Trade Commission (ITC) ,
Medical Devices ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Public Interest ,
Reversal ,
Section 337
On October 19, 2016, the ITC instituted Investigation No. 1025, based on a complaint filed on May 26, 2016, by Silicon Genesis Corporation (SiGen), against Soitec, S.A. (Soitec). As part of the institution, the ITC ordered...more
Several months ago, we were struck with the question of whether, as counsel for a patent owner at the ITC, our clients’ case would benefit from a Markman hearing. Claim construction during an ITC investigation was routinely...more
The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more
9/3/2016
/ Anti-Piracy ,
Appeals ,
CAFC ,
Digital Downloads ,
Digital Goods ,
Digital Media ,
Electronic Data Transmissions ,
Entertainment Industry ,
Imports ,
Induced Infringement ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patents ,
Petition for Writ of Certiorari ,
Precedential Opinion ,
Section 337 ,
Software
On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more
On March 31, 2016, in a blow to the software and entertainment industries, the Federal Circuit denied the International Trade Commission’s (“ITC”) request for a rehearing en banc of the Federal Circuit’s November 10, 2015...more
On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC. The Federal Circuit’s panel...more
On November 10, 2015, the Federal Circuit issued its opinion in ClearCorrect Operating, LLC v. ITC, and struck a blow to both the ITC and the entertainment and software industries by overturning the ITC’s opinion and finding...more