By Marcia Sundeen
, Bryan Nese
, Aimee Souci
, T. Walker
The Federal Circuit's recent decision in General Electric Co. v. Int'l Trade Comm'n, No. 2010- 1223 (Feb. 29, 2012) vindicates the right of a losing party to appeal any issue noticed for review by the International Trade Commission, regardless of whether the Commission actually decides the issue in its Final Determination.
By Michele Mancino Marsh
, Aaron Johnson
, Michael Kelly
On July 15, 2011, the U.S. International Trade
Commission ("ITC" or "Commission"), concluded
a prolonged patent investigation, issuing a
general exclusion order prohibiting the
importation of footwear that infringe Crocs Inc.ís
utility and design patents.
By Brian Mudge
In a long-awaited decision in Bilski v. Kappos, the Supreme Court today held that the "Machine or Transformation" test is not the exclusive test for determining whether a claimed process is eligible for patenting under Section 101 of the patent statute, 35 U.S.C. ß101.
By Charles Weiss
Itís said that those who donít learn from their mistakes are bound to repeat them. Over the authorís years of practice in negotiating license agreements and mediating, arbitrating, or litigating disputes involving them, the same types of provisions seem to cause a disproportionate amount of the trouble.
In Hi-Tech Pharmaceuticals Inc v Herbal Health Products Inc the US Court of Appeals for the Eleventh Circuit dismissed the plaintiff's application for a preliminary injunction and ruled that there was no evidence of actual confusion regarding the packaging and get-up of the two parties' competing sexual stimulant pills.