Federal Circuit Directs ITC To Consider Revoking Or Modifying Civil Penalty For Infringement of Invalid Patent

In a victory for Brann & Isaacson clients, DBN Holding, Inc. (formerly DeLorme Publishing Co.) and BDN LLC, the Federal Circuit Court of Appeals has issued an opinion reversing and remanding the International Trade Commission’s decision not to rule on the merits of a petition asking the ITC to set aside a civil penalty order....

Digital Downloads Aren’t “Articles”; New Rules For Alice In East Texas

A couple more newsworthy items to report on this week: * In a closely watched case in the Federal Circuit, a split panel of that court has held that the International Trade Commission does not have jurisdiction to protect against alleged patent infringement based on “importation” by digital download. Over a vigorous dissent from Judge...

En Banc Federal Circuit Speaks On Joint Infringement and Induced Infringement

In two major decisions issued by the entire court, the Federal Circuit addressed two open questions, one regarding the doctrine of joint infringement; the other, the scope of the International Trade Commission’s authority over acts of induced infringement. In the latest of many chapters in the case of Akamai Technologies v. Limelight, the Federal Circuit...

Federal Circuit Reins In ITC On Domestic Industry

It has been quite a while since we last talked about the International Trade Commission, the agency charged with protecting the United States from unfair trade practices—including intellectual property violations—in the importation of goods into the U.S. market. That is in part because the venue—with its complex rules and fast pace—appears no longer to be...

ITC Becomes House of Horrors For Respondent and Counsel

Here’s a post–Halloween tale to chill the blood of any business accused of patent infringement and their outside litigation counsel, courtesy of Docket Navigator. On October 29, 2014, Administrative Law Judge Pender of the International Trade Commission issued a decision in which he found that the respondent, Organik Kimya of Turkey, had engaged in the...