July 27, 2015 | Alert | By Sandra Badin, Michael Renaud
Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation) on how the International Trade Commission (ITC) should approach the adjudication of the FRAND defense when conducting the public interest analysis.
July 17, 2015 | Alert | By Michael Renaud, Sandra Badin, Robert Moore
Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation).
June 11, 2015 | Blog | By Dionne Lomax
In a confluence of IP and antitrust law, a three judge panel for the D.C. Circuit recently affirmed a lower court decision upholding the Federal Trade Commission’s (“FTC”) 2013 modification of regulations under the Hart Scott Rodino (“HSR”) Act to require reporting of even partial transfers of pharmaceutical patent rights as an “asset acquisition” if all commercially significant rights are transferred.
May 28, 2015 | Alert | By James Wodarski, Sandra Badin, Rich Gervase
The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense to a claim of induced infringement under 35 U.S.C. §271(b).
May 1, 2015 | Blog | By Michael Renaud, Robert Moore
Have you seen John Oliver’s piece about abuses in the patent system? If not, take a look here. The ‘Last Week Tonight’ host has quite a bit of fun at the expense of the patent system.
USITC Declines to Institute Investigation of Induced Patent Infringement as Unfair Method of Competition or Unfair Acts
March 24, 2015 | Blog | By Aarti Shah
In a recent decision, the International Trade Commission rejected a petitioner’s attempt to use allegations of unfair competition and unfair acts as a possible way of working around the Federal Circuit’s bar on claims of induced infringement.
District Court Rules Against Amgen's Motion for Preliminary Injunction to Prevent Marketing of Sandoz's Biosimilar Zarxio
March 20, 2015 | Blog | By Thomas Wintner, Terri Shieh-Newton
In an order released on March 19, 2015, U.S. District Court Judge Richard Seeborg of the Northern District of California denied Amgen’s motion for judgment on the pleadings as well as its request for a preliminary injunction to prevent Sandoz from marketing its drug Zarxio®.
U.S. International Trade Commission Institutes Investigation Under 100-Day Pilot Program Examining Complainant's Standing to File Suit
March 19, 2015 | Blog | By Aarti Shah
The U.S.I.T.C. instituted its first investigation under its 100-day pilot program for early determination of a specific potentially case-dispositive issue.
Court Denies Generic Drug Manufacturer's Motion to Dismiss Hatch-Waxman Patent Infringement Action on Jurisdiction Grounds
March 18, 2015 | Blog | By Peter Cuomo, Joe Rutkowski
On March 12, the United States District Court for the Southern District of Indiana joined the District of Delaware and Eastern District of Texas as the first courts to consider a generic drug manufacturer’s motion to dismiss a Hatch-Waxman patent infringement action for an alleged lack of personal jurisdiction following the Supreme Court’s decision in Daimler AG v. Bauman, 134 S.Ct. 746 (2014).
A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation
March 13, 2015 | Alert | By Michael Renaud, Peter Snell, Robert Moore
On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.”
A Brief Synopsis of the Issues Confronting the Federal Circuit in the En Banc Rehearing of Suprema, Inc. v. ITC
November 25, 2014 | Advisory | By Aarti Shah, Nicholas Armington
On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC.
November 24, 2014 | Blog | By Aarti Shah
On November 17, 2014, Administrative Law Judge Dee Lord amended her Ground Rules to permit parties filing motions to file a reply brief without first seeking leave from the ALJ.
June 6, 2014 | Blog | By Sandra Badin
The Justices of the Supreme Court of the United States have rarely reached consensus on any issues this term. However, they achieved unanimity in two patents cases recently, which may have a significant impact on you and your patent portfolio.
May 7, 2014 | Blog | By Aarti Shah
On Monday, May 5, 2014, the Court of Appeals for the Federal Circuit, by transferring the Microsoft v. Motorola case to the Court of Appeals for the Ninth Circuit, issued an order which may significantly impact the ability of participants in standard-setting organizations (“SSOs”) to obtain relief for patent infringement.
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