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Patent Litigation Enforcement Actions Appeals

Ladas & Parry LLP

Federal Circuit: it’s not easy being green for colour marks

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Legal updates: case law analysis and intelligence - - The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic - The Federal Circuit...more

A&O Shearman

UPC Court of Appeal confirms its jurisdiction over infringements that pre-date the UPC Agreement

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Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more

Knobbe Martens

A Request for Sanctions Before the ITC Is Not Appealable to the Federal Circuit

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REALTEK SEMICONDUCTOR CORPORATION v. ITC - Before Reyna, Bryson, and Stoll. Appeal from the United States International Trade Commission. The Federal Circuit lacks jurisdiction to hear appeals of non-final determinations from...more

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

The Federal Circuit Expands IP Enforcement Opportunities at the ITC

Last month the Federal Circuit issued a decision in the Lashify case that significantly broadens the opportunity for companies to bring a lawsuit before the U.S. International Trade Commission (“ITC”). The ITC is known for...more

Knobbe Martens

Federal Circuit’s Lashify Decision Expands “Domestic Industry” at the International Trade Commission

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Lashify, Inc. v. International Trade Commission Before: Prost, Taranto, and Chen. Appeal from ITC Investigation. The Federal Circuit expands the economic prong of the domestic-industry analysis to include domestic spending on...more

McDermott Will & Schulte

Economic Prong of Domestic Industry Requirement Includes All Sorts of Labor and Capital

Addressing the economic prong of the domestic industry requirement under Section 337(a)(3)(B) of the Tariff Act of 1930, the US Court of Appeals for the Federal Circuit reversed a US International Trade Commission decision,...more

Troutman Pepper Locke

New Federal Circuit Ruling Opens the ITC to Many More IP Owners

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In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an...more

Jones Day

The Federal Circuit Expands Scope of Domestic Industry Requirement in Lashify

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In Lashify v. ITC, the Federal Circuit held that the economic prong of the domestic industry requirement, which is a precondition for obtaining International Trade Commission Section 337 relief, can be satisfied with...more

Paul Hastings LLP

Federal Circuit Axes Years of ‘Domestic Industry’ Precedent in ITC § 1337 Investigations

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The Court of Appeals for the Federal Circuit (CAFC) has taken an axe to years of precedent in § 1337 investigations at the International Trade Commission (ITC). The ITC has long denied “mere importers” the protection of §...more

Mintz - Intellectual Property Viewpoints

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

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

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

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

Axinn, Veltrop & Harkrider LLP

Federal Circuit Clarifies That “Quantitatively Small” Investments Can Establish Significant and Substantial Investment in Domestic...

On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int’l Trade Comm’n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025). The three-judge panel, consisting of Chief...more

A&O Shearman

UPC Court of Appeal confirms strict approach to correcting patent errors by interpretation

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Alexion Pharmaceuticals v Amgen (UPC_Coa-405/2024) and Alexion Pharmaceuticals v Samsung Bioepis NL BV (UPC_CoA-402/2024); December 20, 2024. The UPC Court of Appeal has confirmed a strict approach to correcting erroneous...more

DLA Piper

Federal Circuit Asked to Rethink ITC’s Longstanding Exclusion of Investment Categories for Economic Domestic Industry

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A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument in Lashify, Inc. v. US International Trade Commission, an appeal from a...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Shaping the PTAB’s Rulemaking and Rule Enforcement...

A trio of cases this past year illustrate a trend of increasing importance of the Patent Office’s rulemaking and enforcement. Parus Holdings, Inc. v. Google LLC, 70 F.4th 1365 (Fed. Cir. 2023) The Federal Circuit’s...more

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