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Results: 1-10 of 191

Federal Circuit Rejects ITC’s Authority over Intangible Articles
  • McDermott Will & Emery
  • USA
  • April 28 2016

The US Court of Appeals for the Federal Circuit denied a request for rehearing en banc in ClearCorrect Operating v. Int'l Trade Comm'n, (IP Update


Violation of ITC Consent Order Can Be Based on “Infringement” of Invalid Claims
  • McDermott Will & Emery
  • USA
  • December 23 2015

Reviewing the International Trade Commission’s (ITC or Commission) finding of a violation of a consent order, a divided panel of the U.S. Court of


U.S.-centered negotiations for product made and sold outside United States do not constitute sale or offer for sale in United States
  • McDermott Will & Emery
  • USA
  • November 26 2014

In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. 271(a), the U.S. Court of


International Trade Commission addresses use of standard-essential patents in Section 337 investigations
  • McDermott Will & Emery
  • USA
  • July 31 2013

The International Trade Commission (ITC) addressed for the first time the issue of whether infringement of a patent that has previously been declared


Inv. No. 337-TA-773 terminated as to respondents Optoma Corporation and Optoma Technology, Inc.
  • McDermott Will & Emery
  • USA
  • September 7 2011

On September 6, 2011, ALJ E. James Gildea issued an initial determination that granted a joint motion to terminate Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing the Same, as to Respondents Optoma Corporation and Optoma Technology, Inc. (collectively “Optoma”


Generics challenge to Crestor patent fails
  • McDermott Will & Emery
  • USA
  • January 31 2013

In a case involving multiple defendants seeking to sell generic versions of the drug rosuvastatin calcium, currently marketed as Crestor, the U


Federal Circuit panel rejects ITC assertion of authority over intangible articles
  • McDermott Will & Emery
  • USA
  • November 30 2015

Reviewing an interpretation by the U.S. International Trade Commission (ITC or Commission) of its enabling statute ( 337 of the Tariff Act) for the


Obviousness-type double patenting requires a reason to modify with a reasonable expectation of success
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of obviousness-type double patenting, the U.S. Court of Appeals for the Federal Circuit reaffirmed its earlier rulings that obviousness must be judged by whether the differences in subject matter between the new claim and the earlier claim are patentably distinct


Freescale Semiconductor files new complaint
  • McDermott Will & Emery
  • USA
  • December 5 2011

On November 30, 2011 Freescale Semiconductor filed a complaint at the International Trade Commission alleging a violation of Section 337 based on the importation, sale before importation, or sale after importation of U.S. Patent No. 5,467,455


On remand, panel affirms ITC finding of Section 337 violation
  • McDermott Will & Emery
  • USA
  • October 30 2015

In a non-precedential remand decision, the original panel in the case of Suprema v. International Trade Commission affirmed the International Trade