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PTAB Defers to ITC for Patent Validity Decisions

August 9, 2012, in a decision regarding a petition filed by Kiss Nail Products, the Patent Trial and Appeal Board (PTAB) denied institution of post-grant review (PGR) of a Lashify, Inc. patent directed to artificial eyelash extensions in view of a co-pending ITC Section 337 investigation. Why is this significant? Continue reading here a blog post by our colleague Adam Hess.… Continue Reading

ITC Initiates Pilot Program for Interim Initial Determinations on 337 Investigations

In a recent blog post, our colleague Adam Hess reviews the U.S. International Trade Commission’s (ITC) new pilot program to allow Administrative Law Judges to issue interim Initial Determinations on fewer than all issues in Section 337 investigations. The new pilot program process is similar to that used by the ITC to implement its “100-day … Continue Reading

Senator Cornyn Considers Expansion of ITC’s Authority under Section 337

In a recent blog post, Adam Hess and Rory Murphy discuss Senator John Cornyn’s (R-Texas) suggestion to the Senate Finance Committee of expanding the ITC’s jurisdiction under Section 337. Additionally, the post reviews three primary bills that seem to be part of the Senate’s effort to pass comprehensive legislation related to trade with China: The … Continue Reading

Cross-post: Growing Tension Between the ITC and the PTAB

One of the most common responses to being sued for patent infringement is a petition to the USPTO’s Patent Trial and Appeal Board (PTAB) challenging the validity of the patent. To avoid duplication of effort, either the Board or the tribunal can defer to the other. According to a recent decision, the U.S. International Trade … Continue Reading
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