The Federal Circuit held that a trademark registration creates a presumption of secondary meaning only as of the date of registration — not retroactively — requiring Converse to independently prove its Chuck Taylor trade dress had acquired distinctiveness before each infringer’s first infringing use
The Federal Circuit held that the ITC’s Section 337 jurisdiction covers only physical ‘articles’ and does not extend to electronic transmissions of digital data — blocking the ITC from issuing exclusion orders against competitors that infringe by transmitting digital files over the
An en banc Federal Circuit held 6-4 that the ITC has jurisdiction to issue exclusion orders for imported products that become ‘articles that infringe’ through induced infringement completed after importation — resolving a key question about the ITC’s reach over method patent claims
The Federal Circuit affirmed the ITC’s exclusion order against Huawei and ZTE for infringing InterDigital’s standard-essential wireless patents, while clarifying important questions about the ITC’s authority to issue exclusion orders involving FRAND-committed patents — decisions th
The Federal Circuit affirmed that a patent holder whose domestic industry consists solely of licensing activities — with no domestic manufacturing — can satisfy Section 337’s domestic industry requirement at the ITC, opening the door wider for non-practicing entities to use exclusion orders as
The Federal Circuit affirmed an ITC exclusion order barring importation of GPS chip products that infringed Broadcom’s GPS patents, holding that the claimed methods were patent-eligible under the machine-or-transformation test and rejecting a divided-infringement defense based on user interact
The Federal Circuit held that the ITC’s limited exclusion order authority under Section 337 does not extend to downstream products of non-parties to the investigation — rejecting the ITC’s longstanding practice of excluding finished goods containing infringing components made by responde
The Federal Circuit affirmed the ITC’s non-infringement finding in a section 337 flooring patent dispute, holding that an applicant’s reliance on ‘play’ between panels to distinguish prior art during prosecution constituted a clear disclaimer that limited claim scope to syste
The Federal Circuit held that refurbishing single-use cameras originally sold in the United States is permissible repair, not patent infringement, because patent rights are exhausted by the first authorized U.S. sale.