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Global IP & Technology Law
In a November 6, 2024 opinion in Certain Computing Devices Utilizing Indexed Search Systems and Components Thereof, the U.S. International Trade Commission (“ITC”) held that statements, disclaimers, and positions taken during the prosecution of a later patent apply to the construction and interpretation of the same term in an earlier related patent. Using this standard,...… Continue Reading The post ITC Confirms that a Disclaimer from a Later Patent Applies to the Same Term in an Earlier Related Patent appeared first on Global IP & Technology Law Blog.
December 2024 | Blog
For the first time, the U.S. International Trade Commission (“ITC”) has set forth and applied its legal standard for a theft or conversion claim in a Section 337 of the Tariff Act of 1930 investigation. Section 337 gives the ITC broad powers to investigate and address unfair acts in the importation of articles into the...… Continue Reading The post Theft and Conversion as the Basis for a Violation of Section 337 appeared first on Global IP & Technology Law Blog.
November 2024 | Blog
Mandatory deference to an agency’s rulemaking may be gone, and numerous commentators fear that the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo will drastically alter the legal landscape surrounding agency decisions. But that does not mean that every agency or agency decision is in peril. We explore here the implications of the Loper...… Continue Reading The post The Sky Is Not Falling for the ITC in a Post-Loper World appeared first on Global IP & Technology Law Blog.
October 2024 | Blog
The U.S. International Trade Commission (“ITC”) continues to be a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The speed at which Section 337 investigations proceed and the significance of an adverse decision can create circumstances that may lead to allegations of improper conduct. Similar to patent litigation in...… Continue Reading The post ITC Denies Competing Motions for Sanctions For Failure to Comply with the Rules appeared first on Global IP & Technology Law Blog.
November 2022 | Blog
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