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2 months ago | 
mondaq.com | Ramya Auroprem |Ian Swan |Don Wang |Brian Johnson
On Friday, Feb. 7, 2025, the Federal Circuit issued aprecedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S.Int'l Trade Comm'n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025). Thethree-judge panel, consisting of Chief Judge Moore, Judge Chen, andDistrict Judge John F. Murphy of the Eastern District ofPennsylvania sitting by designation, affirmed the Commission'sopinion as to infringement and whether domestic industry had beensatisfied.
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Jan 23, 2025 | 
mondaq.com | Ramya Auroprem |Ian Swan |Don Wang |Brian Johnson
This is an update to our 2024 USITC Commissioner Series. Read part one here, part two here, part three here, part four here, and part five here. On Thursday, January 16, 2025, the U.S. International TradeCommission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025. CommissionerSchmidtlein was sworn in on April 28, 2014 and served as Chair ofthe Commission from January 2017 to June 2018.
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Jun 18, 2024 | 
ipwatchdog.com | Ted Mathias |Don Wang |Ramya Auroprem |Darpan Singh
“The Federal Circuit’s patent law jurisprudence continues to be dynamic and constantly evolving. Patent practitioners, prosecution attorneys and litigators would be well-advised to continually monitor new decisions.”The U.S. Court of Appeals for the Federal Circuit continues to shape the patent law landscape each year with its precedential opinions. This year has been no exception, as the court issued a total of 30 precedential opinions on patent issues in the first five months of 2024.
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May 13, 2024 | 
ipwatchdog.com | Brian Johnson |Ramya Auroprem |Ian Swan |Don Wang
“In the last six months, the Commission has instituted several high profile investigations with allegations that appear poised to involve FRAND defenses. The Commission, therefore, has several near-term opportunities to set key precedent in this space.”The U.S. International Trade Commission (the “Commission”) is typically made up of six individual commissioners, but after Commissioner Randolph Stayin’s unexpected return to private practice last year, there are now just four.
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May 9, 2024 | 
mondaq.com | Brian Johnson |Don Wang |Ramya Auroprem |Ian Swan
This is part five of our USITC Commissioner
Series.
Read part one here, part two here, part three here and part four here.
In prior posts for this series, we have discussed areas of law
where Commissioners have voiced their dissent and demonstrated a
clear divide among the decision-makers. But when it comes to
Standard Essential Patents (SEPs), the Commission has done quite
the opposite. They have said almost nothing.
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May 9, 2024 | 
mondaq.com | Brian Johnson |Don Wang |Ramya Auroprem |Ian Swan
At the International Trade Commission, a panel of up to six
Commissioners is the gatekeeper of Section 337. Before the
termination of any investigation, an administrative law judge's
initial determination is always subject to Commission review. However, the Commissioners do not always agree and have recently
shown increasing disparity on issues focused on the nuance of
Section 337, like the domestic industry requirement and forms of
remedy.
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Apr 29, 2024 | 
mondaq.com | Don Wang |Brian Johnson |Ian Swan |Ramya Auroprem
This is part three of our USITC Commissioner
Series.
Read part one here and part two here.
Following my colleagues' efforts in this series, this post
examines the dissent/concurrence practice of the Commissioners at
the U.S. International Trade Commission (USITC) –
specifically the "hot" issues that drew the most dissents
in the past 10 years.
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Apr 24, 2024 | 
mondaq.com | Ramya Auroprem |Brian Johnson |Ian Swan |Don Wang
This is part two of our USITC Commissioner
Series.
Read part one here and part three here.
As my colleagues Brian Johnson and Ian Swan reported in March, dissenting and concurring
opinions in Section 337 Investigations, either as footnotes or
separate opinions, at the International Trade Commission (ITC) have
become more frequent in the last 10 years. However, the data
(visualized below) shows that not all Commissioners dissent or
concur equally. Some, like Commissioner Rhonda K.
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Apr 22, 2024 | 
lexology.com | Don Wang |Brian Johnson |Ian Swan |Ramya Auroprem
This is part three of our USITC Commissioner Series. Read part one here and part two here. Following my colleagues’ efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC) – specifically the “hot” issues that drew the most dissents in the past 10 years.
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Feb 19, 2024 | 
mondaq.com | Don Wang
The Alice two-step analysis on patent eligibility
cannot venture far outside the actual claim language according to
the Federal Circuit's non-precedential opinion issued on Thursday, February 1, 2024. See Eolas Techs. v. Amazon et al., No. 22-1932, 22-1933,
22-1934, 22-1935. Focusing on the claim language, the Federal
Circuit disagreed with the District Court's characterization of
the patented concept but still found the claims to be directed to
an abstract idea.
