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No permanent injunction if plaintiff and defendant did not directly compete; ongoing royalty to be applied instead
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing a lower court’s decision to impose a permanent injunction, the U.S. Court of Appeals for the Federal Circuit reversed the lower court, finding that an ongoing royalty for future infringement was the appropriate remedy


Commission issues final determination on remedy and bond in Inv. No. 337-TA-567
  • McDermott Will & Emery
  • USA
  • July 18 2011

On July 15, the Commission issued its final determination finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders in Inv. No. 337-TA-567, Certain Foam Footwear


ALJ Rogers denies motion for termination based on a consent order in 337-TA-723
  • McDermott Will & Emery
  • USA
  • October 5 2010

ALJ Rogers denied a renewed motion for termination based on entry of a consent order filed by respondents Mipo Science and Technology Co., Ltd. and Mipo Technology Ltd. (collectively “Mipo”) on September 30, 2010 in Inv. No. 337-TA-723, Certain Inkjet Cartridges with Printheads and Components Thereof


ALJ Rogers grants partial termination in 337-TA-729
  • McDermott Will & Emery
  • Taiwan, USA, Japan
  • December 6 2010

On December 6, 2010, ALJ Rogers issued an Initial Determination terminating TSMC based on a settlement agreement in Inv. No. 337-TA-729, Certain Semiconductor Products Made By Advanced Lithography Techniques and Products Containing Same


Inv. No. 337-TA-777 terminated with respect to two patents
  • McDermott Will & Emery
  • USA
  • July 11 2011

On July 8, 2011 ALJ Rogers granted ThompsonCenter Arms Company, Inc.’s motion to terminate Inv. No. 337-TA-777, Certain Muzzle-Loading Firearms and Components Thereof, with respect to U.S. Patent No. 7,908,781 and U.S. Patent No. 7,140,138


ALJ Gildea sets target date in Inv. No. 337-TA-783
  • McDermott Will & Emery
  • USA
  • July 11 2011

On July 8, 2011, ALJ Gildea set a sixteen month target date of November 7, 2012 for Inv. No. 337-TA-783, Certain GPS Navigation Products, Components Thereof, and Related Software. The


Commission grants joint motion to terminate Investigation No. 337-TA-701
  • McDermott Will & Emery
  • USA
  • July 8 2011

The Commission granted a joint motion filed by complainants Nokia Corporation and Nokia Inc. (collectively “Nokia”) and respondent Apple Inc. (“Apple”) to terminate Inv. No. 337-TA-701, Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers, on the basis of a settlement agreement


Federal Circuit reverses Commission finding in Lucky Litter LLC v. ITC
  • McDermott Will & Emery
  • USA
  • October 6 2010

The Federal Circuit reversed the Commission’s determination of violation under section 337 and vacated the corresponding exclusion orders and cease-and-desist orders today in its opinion Lucky Litter LLC v. ITC


Commission institutes Inv. No. 337-ta-740
  • McDermott Will & Emery
  • USA
  • October 10 2010

On October 6, 2010, the Commission instituted Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof, based on a complaint filed by Lexmark International, Inc. on August 20, 2010


Commission determines not to review ALJ's finding of no violation in 337-TA-717
  • McDermott Will & Emery
  • USA
  • July 20 2011

On July 18, 2011, the Commission determined not to review ALJ Robert K