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Insurance Policyholder Advocate Blog

Articles: 1-10 of 32

ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

USA - September 11 2019 In a recent opinion, the ITC found that four defaulting Respondents violated section 337 and that a general…

ITC’s Trademark Decisions May Have Preclusive Effect, After All

USA - September 6 2019 The Federal Circuit recently vacated part of its decision from three months ago, which held that “the Commission’s…

ITC Grants Summary Determination Against Defaulting Respondents and Issues GEO

USA - August 15 2019 In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named Respondents…

ITC Rejects Sofa Design Patent Infringement On Prosecution History Estoppel Grounds

USA - August 1 2019 While design patents follow many of the same rules as utility patents, the application of those rules in…

ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent

USA - March 15 2019 Administrative Law Judge ("ALJ") McNamara's recent order suggests that respondents may be permitted to add defenses if another respondent makes the…

An Important Reminder: Failure To Strictly Follow Ground Rules In ITC Can Have Harsh Consequences

USA - March 1 2019 Citing gamesmanship and a failure to follow the Ground Rules, Chief Administrative Law Judge ("ALJ") Bullock recently issued an opinion striking…

When One Door Closes, Another Opens: Court Of International Trade Issues a Preliminary Injunction of Customs’ Exclusion of Redesigned Garage Door Openers

USA - January 31 2019 In a recent opinion, the Court of International Trade granted a request for preliminary injunction to One World Technologies ("One World"). One World…

Unsupported Expert Opinion Insufficient To Contradict The Prior Art

USA - June 14 2018 In Ericsson Inc. v. Intellectual Ventures I LLC, No. 2016-1671, 2018 WL 2407172 (Fed. Cir. 2018), a divided panel of the Federal Circuit reversed a…

New ITC Rules Take Effect June 7, 2018

USA - May 29 2018 As we previously reported (here), after almost 3 years, new rules for ITC patent cases will go into effect in June. The new rules will apply to all…

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

USA - May 17 2018 Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission ("ITC") might be…