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Federal Circuit Summary Before Lourie, O’Malley , and Stoll. Appeal from the United States International Trade Commission. Summary : After institution, the Commission cannot without opposition or appearance from respondents assert insufficient…
Federal Circuit Summary Before Judges Dyk , O’Malley, and Hughes. Appeal from the United States International Trade Commission. Summary : Registered trade dress carries a presumption of secondary meaning only prospectively from the date of…
ITC Staff Attorney Not Bound by Estoppel Plaintiffs are painfully aware of the Patent Trial & Appeal Board (PTAB) and its potential to derail a patent litigation. Indeed, post-SAS patent owners facing motions to stay pending PTAB review are left with even…
Federal Circuit Summary Before Prost, Bryson, and O’Malley . Appeal from the United States International Trade Commission (“ITC”). Summary: Evidence intrinsic to a patent may be sufficient to overcome the presumption that § 112…
International Trade Commission The ITC has issued a series of new rules applying to all Section 337 investigations instituted after June 7, 2018. Although the overall impact of these new rules is not yet known, attorneys will find the following four…
On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the domestic industry requirement in Certain Road Milling…
Written by Alison M. Hill and Karen M. Cassidy Editors: Joseph Cianfrani and Boris Zelkind Patent Judgments and Awards On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc.…
Written by Vicki Y. Nee , Susan Natland , and Boris Zelkind Edited by Loni Morrow and Catherine Holland Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all…
Technical Findings of PTAB Increasingly Leveraged in Parallel Court Proceedings Patent challenge proceedings of the USPTO's Patent Trial & Appeal Board (PTAB) are designed to provide a low cost, expedited option to district court litigation. Of course,…
By Daniel E. Yonan, Dallin G. Glenn, and Josephine J. Kim In ClearCorrect v. ITC , issued on November 10, 2015, the Federal Circuit interpreted the term “articles” as used in Section 337 to be tangible, physical items. Accordingly, electronic…
Nokia, RIM, Motorola, Google, Apple and Samsung. In 2012, they captured our imaginations by pushing the boundaries of mobile technology and our media attention by fighting tooth-and-nail over intellectual property. We’ve finally emerged from the year…
When Google purchased Motorola earlier this year, their intent to monopolize on Motorola's well-established patent portfolio was clear. As a result, Google's August move to file for an injunction with the International Trade Commission against…
