Popular, Patent Infringement, International Trade Commission (ITC)

SEP Licensing Wins Continue—Multinational Litigation Strategy Drives Licensing Win for Ericsson

Mintz - Intellectual Property Viewpoints on 6/9/2025

Ericsson finally sees resolution of its standard essential patent (“SEP”) campaign against Lenovo and Motorola, filed globally in multiple jurisdictions, importantly at the U.S. International Trade Commission (“ITC”). In a...more

The Federal Circuit Widens The ITC as a Venue for Life Sciences

DLA Piper on 6/6/2025

Federal Circuit reshapes foundational requirements for viability of a case in the ITC - Pharmaceutical and life sciences companies have historically been rare participants before the International Trade Commission (ITC) – in...more

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

DLA Piper on 1/24/2025

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

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on 10/2/2024

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on 1/31/2024

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Koninklijke Philips N.V. v. Thales DIS AIS Deutschland USA LLC (Fed. Cir. 2022)

McDonnell Boehnen Hulbert & Berghoff LLP on 7/15/2022

The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA's motion for preliminary injunction to prevent patentee plaintiff Koninklijke Philips N.V. from obtaining an...more

Strategic IP Considerations of Batteries and Energy Storage Solutions

Fish & Richardson on 1/6/2022

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

The ITC Can Exclude Products That Do Not Infringe At The Time of Importation | Firm Alert

Knobbe Martens on 3/5/2020

On March 2, 2020, the Federal Circuit issued Comcast v. ITC and held that the International Trade Commission (ITC) can block the importation of products that do not infringe a U.S. patent at the time of importation. The case...more

Design Patent Protection For Replacement Parts

Ladas & Parry LLP on 9/23/2019

The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended...more

A changing competitive landscape: the role of the ITC in the biosimilars space

Hogan Lovells on 7/18/2018

As biosimilar competition from companies outside the United States continues, innovator companies are increasingly likely to turn to the International Trade Commission as a first line of defense for protecting critical IP. ...more

Hogan Lovells: ITC Section 337 Quarterly Highlights

Hogan Lovells on 7/3/2018

The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. ...more

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on 7/2/2018

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

ITC Best Practices: Introducing Redesigns in a Section 337 Investigation

McGuireWoods LLP on 6/27/2018

The speed of a Section 337 investigation is widely known. Once sued, a respondent must immediately and simultaneously find effective lawyers, prepare for discovery, search for prior art, consider settlement options, interview...more

New ITC Rules For Patent Infringement Cases: Adding Fuel To The Ultimate Rocket Docket

Weintraub Tobin on 5/24/2018

The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including...more

Supreme Court May Consider ITC’s Authority Over Trade Secret Matters

Orrick - Trade Secrets Group on 11/28/2016

Here at TSW, we continue to watch closely developments in the Sino Legend v. ITC case. In September, Sino Legend petitioned the Supreme Court for a writ of certiorari to review whether Section 337 of the Tariff Act of 1930...more

Federal Circuit Rules Digital Data Transmitted Into The U.S. Is Not An “Article” Within ITC’s Juridiction (Clearcorrect,...

Kelley Drye & Warren LLP on 11/11/2015

Today, a divided three-judge panel of the Federal Circuit (Prost, O’Malley concurring and Newman dissenting) ruled that the U.S. International Trade Commission’s (ITC) authority to provide remedies for unfair acts involving...more

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