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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
In INVT SPE LLC v. ITC, the Federal Circuit affirmed an International Trade Commission (ITC) decision that held INVT’s patent claims were not essential to the LTE cellular communications standard. According to the court, INVT...more
In This Issue: • Smartphone War Update: Some of Apple’s Patents Survive Invalidity Challenge • Sale by Foreign Supplier Invalidated Patent • District Court Abused Discretion in Refusing to Keep Confidential...more
Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more
For the first time in 26 years, the White House exercised its veto authority over an International Trade Commission ("ITC") Exclusion Order. On June 4, 2013, the ITC determined in Investigation No. 337-TA-794 that Apple had...more
In This Issue: - Update On TPP Negotiations - U.S. & China Conclude Fifth Meeting Of Strategic & Economic Dialogue - USTR Rejects Import Ban On Apple Inc. Products - News Of Note ..Gilbert Kaplan In New...more
On August 3, 2013, the President acting through the U.S. Trade Representative (USTR) disapproved the decision of the U.S. International Trade Commission (ITC or “Commission”) to issue an exclusion order in Certain Electronic...more
White House Disapproves Commission Determination To Issue Exclusion Order In 794 Investigation – By Letter of August 3, 2013, U.S. Trade Representative Michael Froman, acting on authority from the President, notified...more
On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more
On the final day of a 60-day review period under Section 337 of the Tariff Act of 1930, the Obama Administration notified the U.S. International Trade Commission of its disapproval of an import and sales ban handed down in...more
On Aug. 3, 2013, the Obama Administration vetoed the U.S. International Trade Commission’s June 4 order excluding certain Apple Inc. (“Apple”) products from import because they were found to infringe a standard-essential...more
In a rare move, on August 3, 2013, the United States Trade Representative of the Executive Office of the President (USTR) issued a letter disapproving the United States International Trade Commission's (ITC's) determination...more
Outlier (noun): a person or thing differing from all other members of a particular group or set. Oxford English Dictionary. On June 4, 2013, the U.S. International Trade Commission issued the judicial equivalent of an...more
ITC Launches Section 337 Investigation Pilot Program On New 100-Day ID Procedure – On Monday, June 24, 2013, the Commission advised that it launched a Pilot Program to test whether early rulings on certain dispositive...more
The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more