Posts Tagged: "ITC"

L. Scott Oliver joins Orrick Silicon Valley office

Orrick announced that L. Scott Oliver has joined the firm, adding another seasoned first-chair trial lawyer to Orrick’s top-ranking IP bench. Scott, who joins from K&L Gates, will be based in Orrick’s Silicon Valley office.

ITC opens patent infringement investigation after Qualcomm files complaint against Apple

On Tuesday, August 8th, the U.S. International Trade Commission (ITC) announced that it was opening up an investigation on claims that Cupertino, CA-based consumer electronics behemoth Apple Inc. (NASDAQ:AAPL) is infringing upon patented technologies, specifically baseband processor modems, in its mobile electronic devices. The investigation follows a Section 337 patent infringement complaint filed on July 7th with the ITC by…

Intel tells ITC that Qualcomm is trying to perpetuate an unlawful monopoly with Apple 337 complaint

Intel’s claims are interesting, to say the least. If you actually look at the complaint filed by Qualcomm there is no admission, as Intel would have you believe, that infringing products would still be allowed entry into the U.S. just with a Qualcomm processor modem. Qualcomm is very upfront about what they are requesting, however. They are requesting the exclusion of products because those products do not incorporate a Qualcomm processor modem, but that is because Qualcomm owns the patents the cover that component so without using a Qualcomm processor modem there is patent infringement.

Qualcomm ramps up its patent battle against Apple by asserting six non-SEPs in Section 337 complaint filed with ITC

The Qualcomm complaint alleges Section 337 violations of patent infringement caused by the importation and sale of certain mobile electronic devices and radio frequency and processing components facilitated by Cupertino, CA-based consumer mobile electronics giant Apple, Inc… “Qualcomm’s inventions are at the heart of every iPhone and extend well beyond modem technologies or cellular standards,” Dan Rosenberg, executive VP and general counsel at Qualcomm, is quoted as saying. “The patents we are asserting represent six important technologies, out of a portfolio of thousands, and each is vital to iPhone functions.”

Garmin hit with $37M fine from ITC over violations of cease-and-desist order on sonar products

Garmin Ltd. (NASDAQ:GRMN) will likely be the target of a $37 million fine levied by the U.S. International Trade Commission (ITC). The fines result from Garmin’s business activities in marketing marine sonar imaging devices in violation of a cease-and-desist order resulting from a Section 337 patent infringement investigation.

PTAB overturns two Cisco patents, clearing way for Arista to overturn ITC exclusion order

Arista Networks (NYSE:ANET) was recently successful in its attempts to overturn the validity of a patent held by San Jose, CA-based tech multinational Cisco Systems (NASDAQ:CSCO). The recent ruling of the Patent Trial and Appeal Board (PTAB) clears the way for Arista to overturn a ruling of the U.S. International Trade Commission (ITC), which has prevented Arista from importing and selling networking equipment in the U.S. due to patent infringement violations.

ITC Commissioner F. Scott Kieff to leave International Trade Commission

ITC Commissioner F. Scott Kieff has publicly announced that he will be leaving the International Trade Commission and returning to his academic posts as a Professor at George Washington University Law School and a senior fellow at Standford University’s Hoover Institution. Kieff’s last day at the ITC will be June 30, 2017.

TiVo stock pops 17 percent in trading after ITC judge issues Section 337 final initial determination against Comcast

An ITC administrative law judge issued a final initial determination finding Section 337 patent infringement violations committed by various entities, including Philadelphia-based telecom firm Comcast Corporation (NASDAQ:CMCSA), in light of two patents asserted by TiVo… News reports indicate that a final ruling on this Section 337 investigation is expected on September 26th after a full investigation, at which point the ITC could decide to block infringing products being imported by Comcast and others in the investigation from entering the U.S. market. In the first full day of trading after TiVo filed that 8-K with the SEC, shares of the company rose by about 17 percent.

The Extraterritorial Reach of U.S. Trade Secret Law

The current extraterritorial reach of U.S. trade secret law may seem ironic given trade secret law’s “local” roots. In the United States, common law trade secret principles emerged through a diverse patchwork of state court decisions addressing local commercial disputes. These local common law principles were first distilled in the Restatement of Torts and the Restatement of Unfair Competition and then codified in the Uniform Trade Secrets Act in 1979. Underscoring the local prerogative of trade secret law, state legislatures modified and tailored the Uniform Trade Secrets Act to reflect their state-specific concerns and needs. For many years, despite a push for national uniformity, a number of states chose not to adopt a statutory scheme at all (some still haven’t).

Thinking about IP and collaboration at the Patent-Antitrust Interface

This different approach—a commercialization approach—has been embraced across the American political spectrum, including both the Carter administration and the Reagan administration,[4] as well as by celebrated jurists of the last century coming from diverse philosophical perspectives, including Circuit Judges Learned Hand, Jerome Frank, and Giles Rich,[5] who saw it as important to helping the economy and society.[6] The roots of a commercialization approach to patents, in particular, reach back even further into American history, including Abraham Lincoln’s view that the patent system “added the fuel of interest to the fire of genius, in the discovery and production of new and useful things.”[7] Its study has also long extended far beyond our nation… A commercialization approach to IP views IP more in the tradition of private law, rather than public law. It does so by placing greater emphasis on viewing IP as property rights, which in turn is accomplished by greater reliance on interactions among private parties over or around those property rights, including via contracts.

Other Barks for Wednesday, March 22nd, 2017

The highest federal court in the United States declines to hear an appeal from tech giants on applying common sense to patent validity challenge proceedings. A group of pharmaceutical giants duke it out in a patent battle over a topical ointment for treating acne. The capital’s district court hears arguments in a case about compulsory copyright licenses. Also, President Trump signs a bill authorizing billions in funding for the nation’s space agency.

ITC: Licensee Investments May Satisfy Domestic Industry Requirement

Judge McNamara explained that domestic industry is not limited to the activities of the patentee and may be satisfied based on a licensee’s activities alone… Judge McNamara explained that the Commission does not require third-party licensees to participate as co-complainants… Judge McNamara explained that the appropriate date for determining domestic industry is the date a complaint is filed even though, in cases where evidence shows a dwindling industry, the Commission may consider activities beyond the complaint date.

The ITC: Reviewing 2016 and Looking Ahead

In 2016, the ITC had its busiest year since 2011–which was the peak of the “smartphone wars”–in terms of new investigations instituted. In 2016, 55 complaints were filed, notably, 16 of these complaints were filed by foreign companies. The ITC had an above average settlement rate of 60%; normally the settlement rate is approximately 50%. Last year also had a slight growth in nonpatent investigations which includes antitrust, trade secret, copyright and Lanham Act violations. Despite the increased workload, the average target date was 15.8 months from institution date to final Commission opinion.

Qualcomm, Sony, LG targeted by Section 337 complaint over patents practiced by Intel processors

On Wednesday, January 18th, the U.S. International Trade Commission (ITC) began a probe into a Section 337 patent infringement complaint involving graphics processors and memory controllers against a collection of 17 firms, according to Reuters. These firms include some tech giants in the world of semiconductors and electronics, including Qualcomm, Inc. (NASDAQ:QCOM), Sony Corp. (NYSE:SNE), LG Electronics (KRX:066570), Lenovo Group (HKG:0992), Motorola Mobility LLC and Advanced Micro Devices, Inc. (NASDAQ:AMD) The Section 337 complaint was filed on December 16th by ZiiLabs Ltd., a Bermuda subsidiary of Hong Kong’s Creative Technology Asia Limited.

Cisco v. Arista patent and copyright infringement cases see conflicting rulings at ITC, N.D. Cal.

A patent and copyright squabble involving two players in the networking space for information technology (IT) development, which has ramped up in recent years, saw an interesting round of events play out in federal court and regulatory agencies this past December. At the center of the brouhaha is American networking and telecommunications giant Cisco Systems (NASDAQ:CSCO) of San Jose, CA, which has filed multiple legal actions against Arista Networks (NYSE:ANET) of Santa Clara, CA, alleging that Arista has moved into the networking equipment market using technologies developed and patented by Cisco, specifically through former Cisco employees who founded Arista.