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The Impact of Kyocera v. ITC
A recent decision by the U.S. Court of Appeals for the Federal Circuit has severely curtailed the power of the U.S. International Trade Commission (“ITC”) to exclude from importation into the United States products made by companies that were not a party to the proceedings. On Oct. 14, 2008, the Federal Circuit issued its decision in Kyocera Wireless Corporation v. International Trade Commission, overruling a long line of decisions in which the ITC gave itself the authority to exclude not only components that infringe a U.S. patent but also so-called “downstream products” that include such components ' even if the manufacturer of the downstream product was not named as a defendant (called a “respondent” in the ITC).
This important Federal Circuit decision will hold significant implications for patent holders who initiate ITC proceedings seeking to exclude downstream products. In fact, patent holders have already started to alter their litigation strategy in reaction to Kyocera.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.