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Archive for the ‘International Trade Commission’ Category

Federal Circuit Limits the ITC’s Authority to Address Post-Importation Induced Infringement
By Mary Schnoor  – Edited by Mengyi Wang

In Suprema v. ITC, the Federal Circuit vacated and remanded the ITC’s finding of induced infringement of a method patent when direct infringement occurred only after the imported product, a fingerprint scanner, was combined with software by a customer within the United States. The Federal Circuit concluded that the ITC’s authority to block “articles that . . . infringe” only applies when the articles being barred directly infringe a U.S. patent at the time of importation.

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Posted On Mar - 18 - 2014 Add Comments READ FULL POST

Supreme Court Denies Nokia Relief from ITC Import Ban
By James Grace – Edited by Ashish Bakshi

Interdigital Commc’ns, LLC v. Int’l Trade Comm’n

The Supreme Court denied Nokia’s petition for a writ of certiorari, upholding the Federal Circuit’s finding that Nokia had violated Section 337 of the Tariff Act of 1930 by importing into the U.S. cell phones that violated two U.S. patents owned by InterDigital. In denying the petition without comment, the Supreme Court did not address whether “licensing alone” could satisfy the “domestic industry” requirement of Section 337.

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Posted On Oct - 26 - 2013 Comments Off READ FULL POST

Obama Administration Vetoes ITC Ban on Sale and Import of Older Apple Products
By Simon Heimowitz – Edited by Kathleen McGuinness

The Obama administration vetoed an International Trade Commission (“ITC”) exclusion order that had effectively banned the importation of some older models of the iPhone and iPad. The ITC issued the order after finding that Apple had infringed one of Samsung’s standard-essential patents. The US Trade Representative noted that the veto was made after taking into account the “effect on competitive conditions in the U.S. economy and the effect on U.S. consumers.”

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Posted On Sep - 14 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Elise Young

Apple Prevails on Appeal, Re-Opening Door on Motorola Infringement Case

Bitcoin Is a Currency that May be Regulated Under U.S. Law

Federal Circuit’s Judge Plager Argues that Ambiguous Terms Should Be Construed Against the Drafter

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Posted On Sep - 3 - 2013 Comments Off READ FULL POST

Microsoft Sues Customs and Department of Homeland Security for Failing to Enforce ITC Exclusion Order

Microsoft Corp. v. Dep’t of Homeland Sec.
By Katherine Walecka – Edited by Kathleen McGuinness

Microsoft filed a complaint against Customs and Border Protection (“CBP”), the Department of Homeland Security, and others, alleging that CBP failed to implement an International Trade Commission exclusion order. The order blocked the importation of Motorola mobile devices that were found to infringe Microsoft’s patent directed toward smartphones with certain Google calendar functions, such as synchronizing and scheduling.

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Posted On Jul - 22 - 2013 Comments Off READ FULL POST
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Flash Digest: News I

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