Unpacking The Latest ITC Trends: Part 1
(as published by Law360) Despite a brief hiatus stemming from the government shutdown, 2019 has already been a very busy year in Section 337 practice at the U.S. International Trade Commission. Two ad...
Litigation (7)
INSIGHT: Inconsistent Patent Venues - Considerations for In-House Counsel
(as published by Bloomberg Law) Determining whether a party can be sued in a particular venue is crucial for both patent owners looking to file suit and accused infringers seeking to avoid a given ven...
Patent Coverage of Impossible Embodiments: A Cautionary Tale for Patent Owners, and Lingering Questions
(as published by the New York Law Journal) Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants’ non-infring...
INSIGHT: Supreme Court's Brunetti Ruling: Scandalous and Immoral Marks Are Fair Game
(As published by Bloomberg) OVERVIEW: The U.S. Supreme Court struck down the Lanham Act’s bar on registering immoral or scandalous marks on June 24, allowing federal trademark protection for “immoral ...
Supreme Court: Licensee may use trademark after bankruptcy rejection, subject to license
An article by John Strand and Ethan Marks titled “Supreme Court: Licensee may use trademark after bankruptcy rejection, subject to license” was published in Thomson Reuters Westlaw Journal. Read more.
Federal Circuit Report: What Is the Key to Unlocking the Federal Circuit's Divided Infringement Test?
An article co-authored by Hunter Keeton titled “What Is the Key to Unlocking the Federal Circuit’s Divided Infringement Test?” was published in the May/June 2019 issue of IP Litigator. Read more.
ALJ McNamara Finds Violation by Apple in Second Qualcomm Investigation & Recommends Remedy Despite Public Interest Arguments
(as published by ITC TLA) In the Matter of CERTAIN MOBILE ELECTRONIC DEVICES AND RADIO FREQUENCY AND PROCESSING COMPONENTS THEREOF (II), Inv. No. 337-TA-1093, Initial Determination and Recommended Rem...
Commission Agrees with ALJ Pender that Complainant Waived Indirect Infringement Arguments and that Respondents Waived Obviousness Theories
(as published by the ITC TLA) In the Matter of CERTAIN ROBOTIC VACUUM CLEANING DEVICES AND COMPONENTS THEREOFSUCH AS SPARE PARTS, Inv. No. 337-TA-1057, Commission Opinion (February 1, 2019) Summary: A...
No Early Disposition When The Key Issue Is Too Complex Or Not Case Dispositive
(as published by ITC TLA) In the Matter of CERTAIN DATA TRANSMISSION DEVICES, COMPONENTS THEREOF, ASSOCIATED SOFTWARE, AND PRODUCTS CONTAINING THE SAME, Inv. No. 337-TA-1150, Order Denying Requests Fo...
High Court Scrutinizing Gov't Use Of AIA Reviews
(as published by Law360) On Feb. 19, 2019, the U.S. Supreme Court heard oral argument in Return Mail Inc. v. U.S. Postal Service. The question before the court was whether the government is a “person”...
What is the key to unlocking the Federal Circuit’s divided infringement test?
(as published by Westlaw IP Journal) In Travel Sentry Inc. v. Tropp, 877 F.3d 1370 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit shed some light on how to apply the divided infri...
Commission May Modify a Civil Penalty Previously Affirmed by the Federal Circuit
(as published by ITC TLA) DBN Holding, Inc. v. Int’l Trade Comm’n, No. 2017-2128, 2018 WL 6181653 (Fed. Cir. Nov. 27, 2018) Summary: In a non-precedential opinion, the Federal Circuit held that the Co...