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Posts Tagged: "Unfair Trade Practices"

ITC’s Chance to Restore Reason and the Public Interest in the Qualcomm v. Apple Case

An administrative law judge at the U.S. International Trade Commission recently found patent infringement in Qualcomm’s case against Apple, but then inexplicably refused to recommend that the commission issue an exclusion order against infringer Apple. Is there some new standard that “established and profitable companies” are no longer deserving of ITC action?  The International Trade Commission is in danger of causing the same harm to patent rights as the U.S. Supreme Court has inflicted on patent owners with the court’s lame-brained eBay decision.

Trump Administration to open probe into deceptive intellectual property policy in China

Plans are being made by the Trump administration to open a probe into deceptive Chinese trade practices by invoking Section 301 of the Trade Act of 1974… Where joint venture tech transfer rules are concerned, however, the Trump administration may well find out that the Chinese government is enabling practices that do violate international treaties. Foreign entities who want to operate in the Chinese market are typically forced to do so as joint ventures with domestic entities and the transfer of intellectual property assets from the foreign entity to the domestic one is often enforced. That policy runs afoul of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

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.