Further to our November 27, 2009 post, on May 26, 2010, the Federal Circuit issued its decision in Vizio, Inc. v. Int’l Trade Comm’n, No. 2009-1386.  In the decision, the Federal Circuit affirmed-in-part and reversed-in-part the International Trade Commission’s (“the Commission”) final determination in Certain Digital Televisions and Certain Products Containing Same and Methods of [...]

On May 26, 2010, the Federal Circuit issued its opinion in Deere & Co. v. Int’l Trade Comm’n, No. 2009-1016.  This was an appeal from the ITC’s final determination in Certain Agricultural Vehicles & Components Thereof (Inv. No. 337-TA-487) that the sales of European-version John Deere harvesters in the U.S. by Intervenors Bourdeau Bros., Inc., [...]

Further to our October 29, 2009 post, on April 12, 2010, the Federal Circuit issued its opinion in SiRF Technology, Inc. v. ITC (2009-1262).  In the opinion, the Federal Circuit affirmed the ITC’s findings that Global Locate, Inc (“GL”) had standing to assert U.S. Patent No. 6,606,346 (the ‘346 patent) and that SiRF Technology (“SiRF”) [...]

Further to our November 20, 2009 post, on March 8, 2010, the Federal Circuit issued its decision in Ajinomoto Co., Inc. v. Int’l Trade Comm’n, No, 2009-1081.  In the decision, the Federal Circuit affirmed the ITC’s final determination in Certain Feed Products (Inv. No. 337-TA-571) that (1) U.S. Patent Nos. 5,827,698 (the ’698 patent) and [...]

The Federal Circuit will conduct an en banc hearing on March 3, 2010 in Princo Corp. v. Int’l Trade Comm’n, (2007-1386).  As detailed in our April 21, 2009 post, in the original decision, the panel remanded the case back to the International Trade Commission to consider one of Princo’s patent misuse defenses. By way of [...]

On February 24, 2010, the Federal Circuit issued its opinion in Crocs, Inc. v. Int’l Trade Comm’n, No. 2008-1596.  This was an appeal from the ITC’s final determination in Certain Foam Footwear (Inv. No. 337-TA-567) that U.S. Patent No. 6,993,858 (the ‘858 patent) was obvious, that U.S. Patent No. D517,789 (the ‘789 patent) was not [...]

The Federal Circuit was scheduled to hear oral argument today in Deere & Company v. ITC, (2009-1016). On January 8, 2003, Deere & Company (“Deere”) filed a complaint alleging violations of Section 337 in the importation into the United States, sale for importation, and sale within the United States after importation of certain agricultural vehicles [...]

On December 14, 2009, a Federal Circuit panel consisting of Judges Bryson, Archer, and Moore issued a per curiam judgment, pursuant to Federal Circuit Rule 36, affirming the ITC’s final determination in Tillotson Corporation v. ITC (2009-1196). As explained in our November 25 post, the underlying investigations in connection with this appeal were Certain Nitrile Gloves [...]

On December 10, 2009, the Federal Circuit is scheduled to hear oral argument in Vizio, Inc. v. ITC, (2009-1386). On October 15, 2007, Funai Electric Co., Ltd. and Funai Corporation (collectively, “Funai”) filed a complaint alleging violations of Section 337 in the importation into the United States, the sale for importation, or the sale within [...]

On December 10, 2009, the Federal Circuit is scheduled to hear oral argument in Tillotson Corporation v. ITC (2009-1196).  Tillotson filed a complaint with the ITC against thirty-one respondents on May 30, 2007, and another complaint against seven additional respondents on July 19, 2007.  Both complaints alleged violation of Section 337 in the importation and [...]