A court in the District of Colorado recently denied dismissal of patent infringement claims, holding that the asserted claims directed to plunger lift systems for cultivating natural gas from an oil-and-gas well are patent...more
Judge Williams in the District of Delaware recently granted a motion to dismiss the complaint because the patents-in-suit claim ineligible subject matter under 35 U.S.C. § 101. The patents are directed to using and training...more
- On June 22, 2020, the ITC issued a notice extending its COVID-19 Action Plan.
- The ITC entered Phase One of its three-phase plan to reopen to the public.
- The ITC ordered the ITC’s Administrative Law Judges to...more
6/23/2020
/ Administrative Law Judge (ALJ) ,
Coronavirus/COVID-19 ,
Court Schedules ,
Electronic Filing ,
Infectious Diseases ,
International Trade Commission (ITC) ,
Patents ,
Re-Opening Guidelines ,
Remote Proceedings ,
Rules of Practice ,
Section 337
- On May 14, 2020, the ITC extended its COVID-19 Action Plan through July 10, 2020, thereby postponing all in-person hearings in Section 337 investigations until after July 10, 2020.
- Most recently, the ITC had postponed...more
- On April 7, 2020, the ITC overturned a Final ID issued by Chief ALJ Charles E. Bullock. The Final ID found infringement of a SEP by the Respondents’ accused products and recommended the ITC issue the remedy of an exclusion...more
• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”).
• A decision...more
5/7/2019
/ Antitrust Investigations ,
Appellate Jurisdiction ,
Competition ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Determinations ,
Food and Drug Administration (FDA) ,
International Trade Commission (ITC) ,
Jurisdiction ,
Lanham Act ,
Patents ,
Pharmaceutical Industry ,
Section 337 ,
Writ of Mandamus
• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation.
• In its decision, the Federal Circuit reiterated that the act of trademark registration does...more
11/6/2018
/ Appeals ,
Corporate Counsel ,
Final Determinations ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Likelihood of Confusion ,
Remand ,
Secondary Meaning ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
Vacated
On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The court granted...more
4/9/2018
/ Breach of Contract ,
Forum Selection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
License Agreements ,
Patent Invalidity ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Preliminary Injunctions
Key Points -
- After the first public hearing by the United States International Trade Commission (“ITC”) in almost a decade, the ITC issued a Limited Exclusion Order (LEO) that excludes the Respondent’s accused...more
DISTRICT COURT CASES -
New York Court Invalidates Targeted-Advertising Patents under Alice -
A federal judge in the Southern District of New York granted counterclaim-defendant TNS’s motion for summary judgment...more