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Patent Litigation Administrative Law Judge (ALJ)

WilmerHale

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

WilmerHale on

On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

ITC Update: Takeaways from Certain Replacement Automotive Lamps

The Commission recently reversed the ALJ’s determination that the economic prong of the domestic industry requirement was satisfied and thereby found that there had been no section 337 violation in Certain Replacement...more

McDermott Will & Emery

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

McDermott Will & Emery on

Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

Womble Bond Dickinson

Lighting the Way: ITC Decides First Case Under the Interim ID Program, Holds Domestic Industry Cannot Be Shown with Aggregated...

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On March 22, the US International Trade Commission (ITC) issued the public version of its Commission Opinions (available here and here) in its very first case under the interim initial determination, or “Interim ID,” program....more

Troutman Pepper

Women at the ITC in 2023: What This Year's Data Shows

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For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are...more

Axinn, Veltrop & Harkrider LLP

USITC Commission Series: the Era of the Mini-Opinion Has Begun

At the International Trade Commission (ITC), every decision made by an Administrative Law Judge (ALJ) is subject to review by a panel of up to six Commissioners. In general, the Commission speaks as a unified voice through...more

Fish & Richardson

The Top Three Things Foreign Companies Should Keep in Mind When Considering IPR

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Being sued for patent infringement in the U.S. can be confusing, especially for foreign companies with limited litigation experience. Even more confusing are the multiple options and venues available for responding to patent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: The Public Interest Impact – Considerations from AliveCor and Masimo

The year 2023 was marked by two landmark Commission determinations resulting in exclusion orders and cease and desist orders against a popular consumer wearable—the Apple Watch. both investigations focused on health...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Introduction

Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends

Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more

McDermott Will & Emery

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

Fish & Richardson

ITC Monthly Wrap-Up: December 2023

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This month’s ITC Wrap-Up reviews a recent investigation exploring exemptions to the Commission’s remedial orders. Certain Wet Dry Surface Cleaning Devices, Inv. No. 337-TA-1304, Final Determination (Dec. 18, 2023)....more

Jones Day

RULEMAKING: PTO Aims for Transparency, Judicial Independence at PTAB

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On October 6, 2023, the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) making changes to the Patent Trial and Appeal Board’s (“PTAB”) internal circulation and review of...more

WilmerHale

PTAB/USPTO Update - March 2023

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The USPTO published Revision 07.2022 of the Ninth Edition of the Manual of Patent Examining Procedure (MPEP). A change summary is available here....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Kyocera Senco Indus. Tools v. Int’l Trade Comm’n,...

The patent holder, Kyocera, filed a complaint in the International Trade Commission against Koki in Certain Gas Spring Nailer Prods. & Components Thereof, Inv. No. 337-TA-1082, 2020 WL 2093834 (Apr. 28, 2020). Kyocera’s...more

Fish & Richardson

ITC Monthly Wrap-Up: December 2022

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In December, six complainants filed three Section 337 complaints with the International Trade Commission (ITC)...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (August 29 – September 2): Capability Claims in the Modern Era

Have you ever wondered what it means when your smartphone or tablet connects to an “LTE” network? Our case of the week dives into that technology—and offers an interesting discussion of functional claim limitations and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2022

INVT SPE LLC v. Int’l Trade Comm’n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) - In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn...more

Fish & Richardson

ITC Monthly Wrap-Up: May 2022 - Two Investigations Highlight Different Avenues for Early Disposition

Fish & Richardson on

This month, there were six new complaints filed at the ITC, including complaints filed by: Hand Held Products, Inc. and Honeywell International Inc. (Certain Barcode Scanners, Scan Engines, Mobile Computers with Barcode...more

Akin Gump Strauss Hauer & Feld LLP

ALJ Finds Polycrystalline Diamond Compact Claims Patent Ineligible Because They Recite Conventional Structure Combined with...

Administrative Law Judge (ALJ) Cameron Elliot recently found no violation of Section 337 in part because the claims recite patent-ineligible subject matter under 35 U.S.C. § 101. The patents are directed to polycrystalline...more

Jones Day

PGR Estoppel Continues to be Broad and Onerous

Jones Day on

An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC....more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Narrow Definition of Skill in the Art Dooms Expert’s Testimony

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held that an expert who did not possess the specific defined level of ordinary skill in the art could not testify about...more

Manatt, Phelps & Phillips, LLP

Prior Invention as a Litigation Defense: All Claim Elements Must Be Appreciated

In Ingevity Corporation v. International Trade Commission, the Federal Circuit held that a prior invention will not anticipate under 35 U.S.C. § 102(g) unless the prior inventors appreciated the invention. Specifically, an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights: January 2022 - Federal Circuit Holds that Your Technical Expert Must be a POSA

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not...more

Morrison & Foerster LLP - Federal Circuitry

One Last look at Patent Cases in January

Last week wrapped up a busy January for the Federal Circuit. Oral arguments returned to a telephonic format, and arguments next month will be by video (although still audio-only for the public). As the month is now in the...more

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