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MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission. Summary: An invalidity challenge, raised after the close of an ITC investigation, is not a…
Running a profitable patent prosecution practice has become more challenging in recent years. The recession triggered by the current pandemic is going to make this even worse in the coming years ( Patexia Insight 79 ). This means patent attorneys will have…
Last month, we released our first ITC Intelligence Report . For the first time, we ranked ITC law firms and attorneys based on their performance and activity. Our research team analyzed the outcome of 308 ITC Section 337 Investigations, filed from January…
Happy New Year! This morning, we released our first ITC Intelligence Report , where we looked at more than 7,000 attorneys, 400 law firms and 1,600 companies, measured their performance and activity over the last six years. In 2020, we plan to expand our…
TECHTRONIC INDUSTRIES CO. LTD. v. ITC Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the inventive aspect solving a problem in the…
A few months ago, we wrote about the importance of the U.S. International Trade Commission (ITC) Section 337 Investigation, and some of its advantages that can make it an effective battleground compared to district court litigation ( Patexia Insight 65 ).…
GUANGDONG ALISON HI-TECH CO. V. ITC Before Wallach, Hughes, and Stoll . Appeal from United States International Trade Commission. Summary : A term of degree is not indefinite so long as the written description provides objective boundaries. Aspen Aerogels,…
SWAGWAY, LLC v. ITC [REVISED OPINIO N - PRECEDENTIAL] Before Dyk, Mayer, and Clevenger . Appeal from the International Trade Commission. Summary : Although the ITC must strictly comply with its rules, failure to do so may constitute harmless error.…
A couple of weeks ago, we reported the quarterly numbers for patent litigation. To our surprise, we noticed a 22 percent jump in district court patent litigation in Q2 compared to Q1 of 2019 ( Patexia Insight 64 ). This happened after several consecutive…
HYOSUNG TNS INC. V. ITC Before Dyk , Clevenger, and O’Malley. Appeal from the International Trade Commission. Summary : Past investments can satisfy the ITC’s domestic industry requirement if (1) the investments pertain to products covered by…
SWAGWAY, LLC V. ITC Before Dyk, Mayer, and Clevenger . Appeal from the International Trade Commission. Summary : Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not have preclusive effect. Segway…
General Plastic Factors & Follow-on Petitions Last September, the Patent Trial & Appeal Board (PTAB) held that the advanced state of a district court proceeding militated in favor of denying a petition for IPR in accordance with the General Plastic factors…
