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New revised USMCA trade deal affects intellectual property rights, but not exclusivity period for biologics

Canada, Mexico, USA - December 17 2019 On December 10, 2019, an agreement was reached between the United States, Mexico, and Canada on amendments to the U.S.-Mexico-Canada Agreement…

Nana Liu, Thomas H. Wintner

HHS HIV Drug Lawsuit: Setting Precedent for Other High Priced Medications or Government Collaborations?

USA - December 9 2019 On November 6, 2019, the bonds between the U.S. government and pharmaceutical companies were stretched when the U.S. Department of Health and Human…

Kara E. Grogan

ITC rejects minimum threshold requirement for domestic industry economic prong and emphasizes the importance of contextual evidence and case-by-case analyses

USA - November 4 2019 In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld…

Andrew H. DeVoogd, Matthew A. Karambelas, Nana Liu, Michael T. Renaud

ITC suggests 5% Threshold for Domestic Industry Assessment; order may impact tech companies

USA - September 23 2019 Recently, Chief Administrative Law Judge ("CALJ") Bullock of the U.S. International Trade Commission ("ITC"), in Certain Carburetors and Products…

Andrew H. DeVoogd, Matthew A. Karambelas, Nana Liu, Michael T. Renaud

Patent Prosecution and FDA Compliance Expenses May Help Satisfy the ITC’s Domestic Industry Requirement

USA - September 3 2019 In a recent initial determination, Administrative Law Judge ("ALJ") Cheney of the U.S. International Trade Commission ("ITC") provided useful guidance…

Kara E. Grogan