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ITC Pilot Program to Promote Early Adjudication of Dispositive Issues

On June 24, 2013, the International Trade Commission (ITC) announced that it will launch a pilot program for early adjudication of potentially-dispositive issues in Section 337 investigations. This pilot program is part of the Commission’s ongoing efforts to streamline the investigation procedures to reduce the cost of investigations and to expedite the process. Under the new pilot program, the Commission will first select those investigations that appear likely to present




Trade Secrets Litigation

At no other time in history have trade secrets been so vital to the making or breaking of a company. Modern firms, from startups to multinationals, face new challenges daily, as the speed of information exchange itself accelerates to keep up with technology shifts, changing trends and competitive challenge. Yet, as swiftly as companies must exchange information to stay in the game, so may competitive advantages built on years of




M&A and Government Immunity

The Supreme Court’s decision in FTC v. Phoebe Putney Health System Inc., 133 S. Ct. 1003 (2013) put a limitation on the state immunity under which local governments across the country have relied upon for decades to shield their activities from federal antitrust scrutiny. This decision will open the door to challenging numerous government transactions including the transactions consummated before the Phoebe Putney decision. Until Phoebe Putney, the Supreme Court




Diversity

Enhancing Our Client Solutions At our firm we view diversity not as another corporate initiative, but as a vital component of how we conduct our business, and how our members live and work together. The diversity of our members, in race, culture, religion and belief systems fosters empathy and acceptance, creativity and innovation. We serve a global clientele before multinational tribunals and intellectual property offices.




Representative Litigations

Our Counsel Have Represented Leading Corporations for Their High-Stakes Litigations . . . A.V. Imports v. Spirits International, N.V. A.V. Imports v. Spirits International N.V., No. 92043340 (Trademark Trial and Appeal Board (TTAB) May 19, 2004). Representation of plaintiff A.V. Imports, Inc., and its successor A.V Brands, Inc. which sought cancellation of the trademark registration RUSSKAYA for vodka on the grounds of abandonment. A.V. Imports, Inc. v. Col De Fratta,




ANDA Litigation and Reverse Payments

In Federal Trade Commission v. Watson Pharmaceuticals, Inc., No. 133 S. Ct. 787 (2012), the Supreme Court held that reverse payments in pharmaceuticals patent settlement are not categorically immune from the antitrust laws even if such payments fall within the scope of the patent. Often, reverse payments are made by a pioneer drug manufacturer to a generic drug manufacturer in settlement of a patent challenge. In exchange for the payment, the generic




RAND Obligations and Injunctive Relief

Entities that are parts of technology standard-setting organizations are typically required to promise, in some fashion, to license patents essential to any resultant standard on reasonable and nondiscriminatory terms. Once the standard has been promulgated, the standard essential patents (“SEP”s) may be asserted in litigation and the patent holder is expected to live up to reasonable and non-discriminatory (“RAND”) terms. A thorny issue for courts and litigants in the context




Copyright Violation and the Constitutionality of Excessive Damages – Music Downloaders Beware!

The Eight Circuit affirmed the constitutionality of statutory damages for copyright infringement against the challenge that it is disproportionately excessive in Capitol Records, Inc. v. Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012). In 2011, record companies sued a woman for making copyrighted music available to others for free download by using a file-sharing service.  First the jury awarded the record companies $222,000 in damage.  Months after the verdict, however, the district court granted a new




Patent Litigation

Building on a reputation for the highest quality first chair patent litigators, and working in cooperation with nationally known litigators serving as our local counsel, IPLL brings extensive expertise in handling complex patent litigations, as well as mediation, arbitration, and other forms of dispute resolution. IPLL’s patent litigators themselves possess advanced technology degrees and industry experience, and collaborate with experts across multiple industries, including Biotechnology, Chemical, Clean and Green Technology,




Copyright and Architecture

In 2004, the Fourth Circuit revived a two prong test for a copyright claim involving architecture between two home builders in Charles W. Ross Builder, Inc. v. Olsen Fine Home Building, 2012 WL 5447871 (4th Cir. Nov. 8, 2012). Rick and Jennifer Rubin, who wished to build new home, had visited the plaintiff Ross’s model home and received a copy of a brochure, including the “Bainbridge” model allegedly copied by