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The Advantages of Litigating Patent Infringement Lawsuits in the ITC
Many American companies have become increasingly frustrated at what they perceive as the lack of respect for intellectual property rights by foreign countries. While this situation is likely to improve with time as countries such as China and India realize that the protection of intellectual property rights can be an engine for growth, in the short run, U.S. companies should consider whether they are doing enough to prevent the importation of products that were manufactured overseas and that may infringe U.S. patents. Most IP practitioners are certainly aware that U.S. patent owners may sue a foreign manufacturer in federal district court in the United States for patent infringement and can seek damages and an injunction against the further importation of the infringing products. Many IP practitioners may not be familiar, however, with Section 337 investigations that are conducted by the International Trade Commission (“ITC”). This avenue provides a relatively quick remedy against foreign infringers and may offer significant advantages over traditional litigation in federal court.
Before turning to the respective advantages and disadvantages of filing a complaint with the ITC as compared with federal district court, it is important to have a basic understanding of an ITC action. In order to commence an ITC action, a party generally files a complaint with the ITC, which is a quasi-judicial agency created by Congress to monitor and curtail unfair international trade practices. The ITC then determines whether the request meets the basic criteria for an ITC action and, if it does, the Commission assigns an Administrative Law Judge (“ALJ”) to the matter. The ALJ sets the procedural schedule, resolves discovery disputes and conducts a formal hearing on the merits of the investigation in conformity with the requirements of the Administrative Procedures Act. The ITC also assigns an investigative attorney from the Office of Unfair Import Investigation (“OUII”) whose primary function is to represent the public interest in the investigation. After the hearing, the ALJ issues an Initial Determination that is forwarded to the Commission to review and either adopt, modify or revise.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.