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Safe harbor applies to ITC action based on foreign practice of patent process
- McDermott Will & Emery
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- USA
- -
- April 28 2008
The U.S. Court of Appeals for the Federal Circuit affirmed the International Trade Commission’s (ITC) ruling that the safe harbor statute applies in proceedings under the Tariff Act relating to process patents, as well as product patents, for imported products that are used for the exempt purposes of 271(e)(1
Significant increase in seizures at EU borders
- McDermott Will & Emery
- -
- European Union
- -
- May 23 2008
Statistics from the European Commission relating to counterfeit and piracy show a significant increase in customs enforcement activity
Preventing parallel trade in the European Union
- McDermott Will & Emery
- -
- European Union, Greece
- -
- October 31 2008
Lelos and Others v GSK C-46806 concerned a dispute between the Greek subsidiary of GlaxoSmithKline (GSK) and a number of Greek wholesalers
Tariff Act does not require that mark owner make the product in question
- McDermott Will & Emery
- -
- USA
- -
- October 31 2008
The U.S. Court of Appeals for the Ninth Circuit has ruled that a company that imports a product bearing a counterfeit mark can be liable for penalties under federal law (the Tariff Act) even if the owner of the mark in question does not make the product in question
Recent changes in UK HM Revenue and Customs (HMRC) procedures
- McDermott Will & Emery
- -
- United Kingdom
- -
- July 1 2009
Change in HMRC procedures puts burden on brand and right holders to begin action against potential counterfeiting parties and confirm infringing nature of goods before goods are seized
European Commission Review of EU Legislation on Customs Enforcement of Intellectual Property Rights
- McDermott Will & Emery
- -
- European Union
- -
- June 3 2010
Following its review of Council Regulation (EC) No 13832003 of 22 July 2003 (the Regulation) concerning customs action against goods suspected of infringing certain intellectual property rights IPRs) and the measures to be taken against goods found to have infringed such rights, the European Commission has published a Consultation Paper entitled Review of EU Legislation on Customs Enforcement of Intellectual Property Rights
Counterfeit goods "abandoned for destruction"
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 31 2010
The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010, which simplify the procedure for the destruction of infringing goods intercepted by Customs, were laid before the UK Parliament on 16 February 2010 and came into force on 10 March 2010
Procedural schedule set in Investigation No. 337-TA-755
- McDermott Will & Emery
- -
- USA
- -
- February 10 2011
On February 10, 2011, ALJ Rogers issued an order setting the procedural schedule and target date in Investigation No. 337-TA-755, In the Matter of Certain Starter Motors and Alternators
New complaint filed by Sony
- McDermott Will & Emery
- -
- USA
- -
- February 10 2011
Sony Corporation filed a letter on February 9, 2011, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Display Devices Including Digital Televisions and Monitors
ALJ orders eight respondents to show cause to avoid default in Inv. no. 337-TA-780
- McDermott Will & Emery
- -
- USA
- -
- September 12 2011
ALJ Theodore R. Essex issued an order on September 9, 2011 directing certain Respondents to show cause why they should not be found in default by the close of business on September 23, 2011, in Certain Protective Cases and Components Thereof, Inv. No. 337-TA-780
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