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Important new decision by United States International Trade Commission on the procedure for pretrial claim construction in Section 337 investigation

Cadwalader Wickersham & Taft LLP
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USA
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November 18 2010

This article discusses an important recent decision by the United States International Trade Commission (“ITC” or “Commission”) in Mobile Telephones And Wireless Communication Devices Featuring Digital Camera, And Components Thereof, Inv. No. 337-TA-703 (“Mobile Telephones”

Key advantages of patent enforcement at the United States International Trade Commission

Cadwalader Wickersham & Taft LLP
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USA
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December 2 2009

Companies seeking to enforce patents have historically pursued infringers by civil litigation before the United States District Courts

ITC proposes new pleading rules to address public interest issues

Cadwalader Wickersham & Taft LLP
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USA
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November 18 2010

In the last edition of IP Insight we reported that the ITC had initiated a procedure to solicit comments from the public immediately upon receipt of a complaint on public interest issues that may pertain to the remedy requested in the Complaint

ITC urges Federal Circuit to refrain from deciding Section 337 appeals on grounds “not presented” by the parties

Cadwalader Wickersham & Taft LLP
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USA
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November 18 2010

Section 337 (19 U.S.C. 1337) provides for review of ITC final determinations by the Federal Circuit pursuant to Section 706 of the Administrative Procedure Act (“APA”), chapter 7 of title 5 of the U.S. Code

IP Czar aims at enhancing Section 337 enforcement of IP rights

Cadwalader Wickersham & Taft LLP
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USA
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September 24 2010

On October 13, 2008, the PRO-IP Act created the position of Intellectual Property Enforcement Coordinator ("IPEC") to coordinate the federal government's enforcement of IP laws, both in the United States and abroad, including in particular "matters relating to combating counterfeit and infringing goods."

More insight on ITC claim construction procedures from the ITC investigation of certain digital set-top boxes and components thereof, Inv. No. 337-TA-712

Cadwalader Wickersham & Taft LLP
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USA
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February 14 2011

Certain Digital Set Top Boxes And Components Thereof, Inv. No. 337-TA-712, presents some interesting procedural issues involving claim construction raised in a motion for summary determination

Review of SEB S.A. v. Montgomery Ward & Co. and recent Section 337 investigations involving inducement

Cadwalader Wickersham & Taft LLP
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USA
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November 18 2010

The article, “Section 337 Investigations and Inducement: a Review of the Federal Circuit’s Decision in SEB S.A. v. Montgomery Ward & Co. and Recent Investigations Involving Inducement Claims,” published in the 337 Reporter, Vol. XXX, p. 7 (Nov. 2010), discusses the Court of Appeals for the Federal Circuit’s decision in the patent infringement case SEB S.A. v. Montgomery Ward & Co., Inc. (“SEB decision”) which addressed the “knowledge-of-the-patent” requirement of inducing infringement under 35 U.S.C. 271(b

ITC reviews first ever Markman claim construction made by summary determination

Cadwalader Wickersham & Taft LLP
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USA
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September 24 2010

For the first time in any of his cases, on April 19, 2010, Chief Judge Paul J. Luckern issued Order No. 11 Setting a Procedural Schedule For Markman Hearing in Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, Inv. No. 337-TA-703

ITC to solicit public interest comments upon receipt of complaint

Cadwalader Wickersham & Taft LLP
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USA
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September 24 2010

The ITC has adopted a new practice to solicit comments from the public on public interest issues raised by new Section 337 Complaints

ITC investigations not subject to bankruptcy stays district court decisions reverse Bankruptcy Court stays of ITC investigations 648 and 685

Cadwalader Wickersham & Taft LLP
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USA
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September 24 2010

The issue of whether Section 362(a) operates as a stay of ITC Section 337 investigations arose in several ITC cases in the last two years

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