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
2/12/2025
/ Appeals ,
Enforcement Actions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investment ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Technology Sector ,
Trade Remedies
On Thursday, January 16, 2025, the U.S. International Trade Commission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025. Commissioner Schmidtlein was sworn in on April 28, 2014 and...more
1/20/2025
/ Antitrust Provisions ,
Biden Administration ,
Cease and Desist Orders ,
Enforcement Actions ,
Imports ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Regulatory Agenda ,
Regulatory Reform ,
Trade Policy ,
Trade Relations
On August 28, 2024, the Federal Circuit issued a precedential decision regarding issue preclusion in Wisc. Alumni Research Found. v. Apple Inc., Nos. 2022-1884, 2022-1886. For issue preclusion to apply, “the issue actually...more
On July 3, 2024, the World Intellectual Property Organization (WIPO) published a Patent Landscape Report on Generative Artificial Intelligence (GenAI). The report provides a historical and technical overview of GenAI...more
5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP...more
7/17/2024
/ Abuse of Discretion ,
Contempt ,
Document Productions ,
FRCP 45 ,
Infringement ,
Judicial Authority ,
Notice to Appear ,
Patent Infringement ,
Royalties ,
Shell Corporations ,
Standing Orders ,
Subpoenas ,
Third-Party ,
Willful Misconduct ,
Witness
The 2024 Guidance Update on patent subject matter eligibility applicable to AI inventions, which will be incorporated into the MPEP “in due course,” is scheduled to be published in the Federal Register on July 17, 2024. ...more
In prior posts for this series, we have discussed areas of law where Commissioners have voiced their dissent and demonstrated a clear divide among the decision-makers. But when it comes to Standard Essential Patents (SEPs),...more
Following my colleagues’ efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC) – specifically the “hot” issues that drew the most...more
As my colleagues Brian Johnson and Ian Swan reported in March, dissenting and concurring opinions in Section 337 Investigations, either as footnotes or separate opinions, at the International Trade Commission (ITC) have...more
Can a litigation financier controlling decisions from behind the scenes be held liable for fees under Section 285? The Federal Circuit may weigh in on this issue during oral arguments in Dragon Intellectual Property v. Dish...more
Whether an argument raised in a Petitioner Reply falls within the scope of permissible arguments following a Patent Owner Response (POR) in IPR proceedings is a frequent source of dispute. As Axinn reported back in August,...more
Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022.
In a sense, the rise of NPEs at the ITC was by...more
8/25/2023
/ Administrative Law Judge (ALJ) ,
Cease and Desist Orders ,
Domestic Industry Requirement ,
International Trade Commission (ITC) ,
Inventors ,
Investigations ,
Microchip Technology ,
Non-Practicing Entities ,
Patent Trolls ,
Patents ,
Section 337 ,
Startups ,
Universities