by Jones Day's ITC Litigation Team | Dec 23, 2019 | Claim Construction, Federal Circuit Appeals, Invalidity
[co-author: Charles Lee] In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. Hyosung TNS, Inc. v....
by Jones Day's ITC Litigation Team | May 6, 2019 | Federal Circuit Appeals, Jurisdiction
In a long-awaited decision, a split panel of the Federal Circuit confirmed on May 1, 2019, that the Court has jurisdiction to review the ITC’s decision not to institute an investigation. Amarin Pharma, Inc. v. Int’l Trade Comm’n, No....
by Jones Day's ITC Litigation Team | Nov 9, 2018 | Federal Circuit Appeals, Trademark / Trade Dress
As explained in a recent Jones Day Commentary here, the Federal Circuit clarified the tests for determining secondary meaning and trade dress infringement. Converse v. ITC, No. 16-2497 (Fed. Cir. Oct. 30, 2018). First, the Federal Circuit...
by Jones Day's ITC Litigation Team | Nov 6, 2017 | Exclusion Orders, Federal Circuit Appeals, Infringement
In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944. In the 944...
by Jones Day's ITC Litigation Team | Nov 3, 2017 | Claim Construction, Federal Circuit Appeals, Invalidity
In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days. Background Two years ago in Certain Wireless...
by Jones Day's ITC Litigation Team | Oct 4, 2017 | Exclusion Orders, Federal Circuit Appeals, Redesign, Stay
The Federal Circuit has determined to partially stay an ITC exclusion order as it pertains to products redesigned after the remedial orders issued. We have previously posted about Certain Network Devices, Related Software and Components Thereof (II); Inv....
