A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves a patent owner’s ability to demonstrate that it possesses a statutorily required “domestic industry” and can therefore obtain relief...more
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
1/31/2018
/ Administrative Law Judge (ALJ) ,
Defend Trade Secrets Act (DTSA) ,
Estoppel ,
Expedited Discovery ,
International Trade Commission (ITC) ,
Jurisdiction ,
Misappropriation ,
Patents ,
Section 337 ,
Trade Secrets ,
UTSA
The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more
10/7/2017
/ Administrative Law Judge (ALJ) ,
Breach of Contract ,
Burden of Proof ,
Forum Selection ,
FRAND ,
Injunctive Relief ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patents ,
Sony ,
Standard Essential Patents ,
Standard Setting Organizations ,
Waivers
In a first of its kind decision with important ramifications for patentees, the U.S. International Trade Commission (“ITC”) denied a petition to suspend or temporarily rescind remedial orders issued in Investigation No....more
7/28/2017
/ Appeals ,
Cisco ,
Exclusion Orders ,
Final Written Decisions ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
Over the course of the past year, there have been two notable decisions issued by the Federal Circuit and the International Trade Commission that impact the scope and nature of the remedies available for the infringement of...more
Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft. For example, if an employee leaves his company to work...more
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
Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more
8/17/2015
/ Anti-Suit Injunctions ,
Breach of Contract ,
Covenant of Good Faith and Fair Dealing ,
Damages ,
International Trade Commission (ITC) ,
Licenses ,
Microsoft ,
Motorola ,
Patent Infringement ,
Patents ,
RAND ,
Standard Essential Patents
Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more
7/29/2015
/ Abuse of Dominance ,
Department of Justice (DOJ) ,
Edith Ramirez ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
FRAND ,
Injunctive Relief ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Public Interest ,
Standard Essential Patents
Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more
7/17/2015
/ Burden of Proof ,
Determination on Remand ,
Edith Ramirez ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
FRAND ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Public Interest ,
Section 337 ,
Standard Essential Patents ,
Standard Setting Organizations
Administrative Law Judge Essex has made another important contribution to the ongoing conversation regarding the enforcement of standard essential patents (SEPs) at the International Trade Commission. Building on the analysis...more
Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more
6/13/2015
/ Administrative Law Judge (ALJ) ,
Burden of Proof ,
Determination on Remand ,
FRAND ,
Injunctive Relief ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patent Royalties ,
Patents ,
SSO ,
Standard Essential Patents ,
Wireless Devices
On June 24, 2013, the International Trade Commission (“ITC”) announced a pilot program for early adjudication of potentially-dispositive issues in investigations. The pilot program is part of ongoing efforts by the ITC to...more