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Appeals › Intellectual Property Litigation › Administrative Law Judge (ALJ)

Mintz - Intellectual Property Viewpoints

Has There Been A Sea Change in Eligible Domestic Industries at the ITC That Will Last?

Mintz - Intellectual Property Viewpoints on

For decades, the ITC’s jurisdictional requirement – known as the domestic industry requirement – effectively shut out innovators from availing themselves of the powerful remedies of the forum, in the form of an exclusion...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case: Kroy IP Holdings, LLC v. Groupon Inc.

Schwabe, Williamson & Wyatt PC on

After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in district court without being collaterally estopped? This was the question presented...more

McDermott Will & Schulte

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

McDermott Will & Schulte on

Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

McDermott Will & Schulte

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

McDermott Will & Schulte on

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

McDermott Will & Schulte

ITC Must Grant Relief Against Defaulting Respondents

McDermott Will & Schulte on

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

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