The America Invents Act’s creation of patent challenge proceedings to be conducted by the USPTO’s Patent Trial and Appeals Board (PTAB) provided a powerful tool for challenging patent validity outside of costly litigation proceedings. But recent events are changing the strategic advantage that such proceedings may hold for patent challengers.… Continue Reading
What is a comparative advertisement? The EU Misleading and Comparative Advertising Directive 2006 (the “Directive”) defines a comparative advertisement as an ad that explicitly or by implication identifies a competitor or goods or services offered by a competitor. It seems like an intuitive concept, but there are a whole host of legal requirements, which advertisers … Continue Reading
The U.S. International Trade Commission (ITC) has published in the Federal Register final revisions to its rules of practice and procedure governing Section 337 investigations, the investigations that the ITC conducts under 19 U.S.C. § 1337 based on private party complaints against imported articles that allegedly violate U.S. intellectual property rights. This completes a process … Continue Reading
Activity continues apace in the ITC’s pilot program for early disposition, with two more decisions issued in the past few weeks. On January 19, the ITC issued a notice instituting an investigation in Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same, Inv. No. 337-TA-1097 that also designated the investigation for early … Continue Reading
The requirement of establishing a “domestic industry” in articles protected by a patent is a unique and important aspect of Section 337 litigation. Without it, the statute’s exclusionary remedies against imports that infringe a patent cannot be invoked. The statute enumerates the types of activities that can satisfy the “economic prong” of the domestic industry … Continue Reading
Please join Squire Patton Boggs for the next session in our Autonomous Driving Series. The automotive industry is the third largest research and development (R&D) spender in the US, with car and truck manufacturers and component makers being the traditional sources of such investments. As the importance of electronic and battery technology to the automotive … Continue Reading
Squire Patton Boggs is pleased to contribute to the 14th edition of Product Liability 2016. This International Comparative Legal Guide (ICLG) offers a practical cross-border insight into product liability work which covers common issues in laws and regulations across 25 jurisdictions. In their chapter, David Goh and Bindu Janardhanan, two senior lawyers with significant expertise in … Continue Reading
