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19 Aug 2013, 9:47 am by Sheppard Mullin
United States, 337 U.S. 293 (1949) (“Standard Stations”) the Supreme Court devised what has become known as the “quantitative substantiality” test. [read post]
19 Aug 2013, 9:26 am by Florian Mueller
No. 337-TA-885Initial Determination Granting Motion to Amend the Complaint and Notice of InvestigationHTC has scored a number of defensive wins against Nokia, but there are still many patents waiting to be adjudged. [read post]
19 Aug 2013, 8:47 am by Don T. Hibner, Jr.
United States, 337 U.S. 293 (1949) (“Standard Stations”) the Supreme Court devised what has become known as the “quantitative substantiality” test. [read post]
13 Aug 2013, 6:20 am by Florian Mueller
At the end of its submission, Microsoft requests "that the Commission, should it find a violation of Section 337, take steps to allow further briefing and the development of a much fuller evidentiary record on the public interest implications of remedial orders". [read post]
8 Aug 2013, 5:01 pm by oliver randl
The Board is of the opinion that it follows from this principle of legal certainty that claims are not to be considered clear within the meaning of A 84 if they do not allow to draw that distinction (see T 337/95 [2.2-5]). [read post]
8 Aug 2013, 9:06 am by Florian Mueller
I disagree with those who actually want to abolish all Section 337 investigations (the ones that can result in import bans of infringing products), but the ITC needs more focus, not less, and Ericsson now wants it to address questions of monetary relief, which it hasn't done so far. [read post]
4 Aug 2013, 8:23 pm by Dennis Crouch
As part of the mobile patent wars, Samsung filed a Section 337 complaint against Apple alleging patent infringement. [read post]
23 Jul 2013, 10:08 am by Docket Navigator
Products Having Laminated Packaging, Laminated Packaging, and Components Thereof, 337-TA-874 (ITC July 12, 2013, Order) (Essex, ALJ). [read post]
17 Jul 2013, 10:10 am by Docket Navigator
Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers, 337-TA-794 (ITC July 5, 2013, Order) (Trade Commission, J.). [read post]
12 Jul 2013, 1:35 pm by Florian Mueller
International Trade Commission (ITC) finds a violation of Section 337 and issues an exclusion order barring the importation of infringing goods, Customs and Border Protection (CBP) and the ITC are responsible for determining whether imported articles fall within the scope of the exclusion order. [read post]
11 Jul 2013, 6:19 pm by Larry Catá Backer
My article, "The Cooperative as a Proletarian Corporation: The Global Dimensions of Property Rights and the Organization of Economic Activity in Cuba" has just been published and will appear in Northwestern Journal of International Law and Business 33:527-618 (2013). [read post]
11 Jul 2013, 10:17 am by James Yang
No. 337-TA-874), the Commission ordered the Administrative Law Judge (ALJ) to hold an early evidentiary hearing on the issue of domestic injury. [read post]
9 Jul 2013, 8:37 am by Stacy
As our readers know, the Commission recently expressed concerns about abuse and announced a pilot program to test whether earlier rulings on certain dispositive issues in some Section 337 investigations could limit unnecessary litigation, saving time and costs for the parties. [read post]
8 Jul 2013, 6:47 am by Florian Mueller
There are voices who call for abolition of the ITC's Section 337 investigations. [read post]
6 Jul 2013, 12:39 pm by Florian Mueller
In my previous post I published the dissenting views of Commissioner Pinkert, one of the six chiefs of the United States International Trade Commission (USITC, or just ITC), from the majority decision granting Samsung (unless vetoed by the United States Trade Representative or reversed by the United States Court of Appeals for the Federal Circuit) an exclusion order against older iPhones and iPads. [read post]
6 Jul 2013, 4:34 am by Florian Mueller
The absence of a FRAND licensing offer from the course of dealings between the parties clearly has a bearing on whether relief under Section 337 is in the public interest.I note in this regard that Samsung has made no effort to demonstrate that the license terms it has offered Apple specifically with respect to the '348 patent, or specifically with respect to a portfolio of declared-essential patents that includes it, satisfy an objective standard of reasonableness, has not identified a… [read post]