Lexmark v. Impression
February 26, 2016Federal Circuit

Lexmark v. Impression: Federal Circuit Holds that Restricted Sales and Foreign Sales Do Not Exhaust Patent Rights

In Lexmark International, Inc. v. Impression Products, Inc., the en banc Federal Circuit held that (1) the sale of an article under clearly communicated and otherwise lawful restrictions on use and resale avoids patent exhaustion and preserves the patentee’s rights to pursue infringement remedies both against the buyer and downstream buyers with knowledge of the restrictions, and (2) a patentee’s or licensee’s foreign sales of a patented article do not exhaust the U.S. patent rights in the article sold, even if no reservation of those rights accompanies the sale. ...›

Top Developments at the ITC

Top Developments at the ITC in 2015

The past year has seen a number of major developments for Section 337 investigations at the International Trade Commission, including several high profile Federal Circuit decisions, the announcement or proposed expansion of two pilot programs for expedited proceedings, and the naming of a new Administrative Law Judge (ALJ). Here are the Top 10 developments at the ITC in 2015. ...›

Digital Models
February 3, 2016Federal Circuit

Digital Models: ITC and Align Ask for Federal Circuit En Banc Review

On January 27, 2016, both the International Trade Commission (ITC or “Commission”) and Align Technology, Inc. (“Align”) petitioned the Federal Circuit for en banc review of the panel’s decision in ClearCorrect v. ITC. A three-judge panel of the Federal Circuit ruled in November 2015 that the ITC’s jurisdiction under Section 337 is limited to “material things” and does not extend to electronically transmitted data. ...›

337 Investigations Instituted by Calendar Year
January 25, 2016ITC News

Round-Up: 2015 Decisional Statistics

In 2015, the ITC maintained an active docket in line with recent investigational trends. Overall, 36 investigations were instituted in 2015, compared to 39 in 2014 and 42 in 2013. In contrast, 2011’s all-time high of 69 new investigations remains an outlier. All of the investigations instituted in 2015 involved patent infringement allegations, while six investigations also included allegations of other unfair acts. ...›

Certain Television Sets
December 22, 2015Commission Decisions, Domestic Industry

Television Sets: Commission Clarifies When Past Domestic Industry Investments No Longer Count and When Post-Complaint Activities May Be Considered

The Commission has once again addressed the economic prong of the domestic industry requirement in a final determination issued in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910) (“Television Sets”) on October 30, 2015. ...›