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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


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


Commission modifies of initial determination and terminates investigation with finding of no violation
  • McDermott Will & Emery
  • USA
  • November 16 2010

The Commission Opinion modifies ALJ Charneski's final initial determination ("ID") and finding of no violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) exists in Inv. No. 337-TA-680, In the Matter of Certain Machine Vision Software, Machine Vision Systems and Products Containing Same


Entire market value ruleR.I.P.?
  • McDermott Will & Emery
  • USA
  • September 28 2012

In an opinion that addresses the proper framework for evaluating reasonable royalty damages in the patent infringement context, the U.S. Court of Appeals for the Federal Circuit overturned a jury award of an $8.5 million lump sum and remanded the case for a new trial on damages


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


Federal Circuit clarifies entire market value rule, hypothetical negotiation date and use of settlement agreements
  • McDermott Will & Emery
  • USA
  • September 6 2012

In LaserDynamics v. Quanta Computer, the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new trial on damages


ALJ Bullock issues initial determination allowing termination of Arco from inv. 337-TA-799
  • McDermott Will & Emery
  • USA
  • March 6 2012

ALJ Bullock issued an initial determination granting Complainant MyKey Technology Inc.’s motion to terminate the investigation and stay all proceedings as to respondent Data Protection Solutions by Arco


LG files response to amended complaint in Inv. no. 337-TA-805
  • McDermott Will & Emery
  • USA
  • March 8 2012

On March 8, 2012, LG Display Co., Ltd. filed a Response and Affirmative Defenses to the Amended Complaint of Industrial Technology Research Institute and ITRI International and Notice of Investigation in Inv. No. 337-TA-805, Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing the Same


Commission declines to review determination granting microsoft's motion on the economic prong of the domestic industry requirement
  • McDermott Will & Emery
  • USA
  • March 7 2012

On March 7, 2012, the Commission issued a notice of its decision not to review the ALJ Essex’s initial determination granting complaint Microsoft Corporation’s motion for summary determination on the economic prong of the domestic injury requirement in Inv