Articles

The Often Unrecognized Dangers of U.S. Export Control Violations and the Benefits of Self-Reporting

by Brett J. Rosen A global software company recently agreed to pay combined penalties of more than $8 million as part of a global resolution with the U.S. Department of Justice (DOJ) resulting from its export control violations.  Beginning in 2010 and continuing through 2017, the software company, without an export license, either exported or […]

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The “Moral” Waiver of IP Protection For COVID Vaccines: Why The US Proposal Creates More Problems Than It Solves

By Jonathan H. Spadt & Andrew J. Koopman This month, the Biden administration announced its support for a waiver of intellectual property (IP) protections relating to the production of COVID-19 vaccines.  Few would take issue with the purported goal of such a waiver—speeding access to these life-saving vaccines in nations still deep in the throes […]

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Tillis, Michel, and Iancu Amicus Brief in Favor of Affirming Judge Gilstrap’s Anti-Interference Injunction

by Jonathan H. Spadt & Christopher H. Blaszkowski On April 9, 2021, Senator Thom Tillis (R-NC), the Honorable Paul Michel, and the Honorable Andrei Iancu submitted a joint amicus brief in Samsung’s appeal of Judge Gilstrap’s anti-interference injunction. Without taking a position on the exact nature of the injunction required, the brief argued in favor […]

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Avoid IP Pitfalls When Dissolving and Winding Up Your Business

by Glenn E.J. Murphy Both Forbes and the New York Times report that about twenty percent of new businesses formed in 2021 will fail within their first year of existence, about thirty percent within two years, about fifty percent within five years, and about seventy percent will fail by their tenth year.  But even those […]

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Standard Essential Patents—Should Secret Chinese Lawsuits Define What is Fair and Reasonable?

by Jonathan H. Spadt & Christopher H. Blaszkowski Not long ago, legal work on standard essential patents (“SEPs”) was largely limited to the telecommunications industry.  With the expansion of communication software and protocols into nearly every industry today, however, having knowledge of the issues relevant to SEPs and the associated obligations of SEP holders to […]

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Judge Gilstrap Grants Ericsson’s Request For An Anti-Interference Injunction

January 11, 2021 by Jonathan H. Spadt, Benjamin E. Leace, Christopher H. Blaszkowski & Shayne D. Rasay, RatnerPrestia For our last post in the on-going coverage please click here. For a list of relevant filings in the EDTX case, click here. Today, Judge Gilstrap issued his memorandum opinion granting Ericsson’s request for relief via an […]

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Samsung Files Its Sur-Reply (1/6) And Preliminary Injunction Hearing Occurs in Person

January 7, 2021 by Jonathan H. Spadt, Benjamin E. Leace, Christopher H. Blaszkowski & Shayne D. Rasay, RatnerPrestia Samsung’s sur-reply addressed arguments raised in Ericsson’s reply, as well as the two amicus briefs accepted into the record.  The sur-reply emphasized that Ericsson’s briefing never contested jurisdiction in the Chinese court, and that Ericsson’s alleged real […]

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Ericsson Files Its Reply And Professor Adam Mossoff Offers An Amicus Brief Supporting Ericsson’s Anti-Interference Injunction

January 6, 2021 by Jonathan H. Spadt, Benjamin E. Leace, Christopher H. Blaszkowski & Shayne D. Rasay, RatnerPrestia For our coverage concerning Samsung’s Opposition and The Honorable Paul R. Michel’s Amicus Brief click here.  For our coverage of the initial filings in the Wuhan Case the EDTX Case click here. Ericsson’s reply alleged additional details […]

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Retired Federal Circuit Chief Judges Battle Over Whether Chinese Court Can Prohibit U.S. Patent Lawsuit From Proceeding

January 5, 2021 by Jonathan H. Spadt, Benjamin E. Leace, Christopher H. Blaszkowski & Shayne D. Rasay, RatnerPrestia Our prior coverage of the recent developments in the global FRAND dispute between Samsung and Ericsson may be found here. SAMSUNG FILES ITS OPPOSITION, SUPPORTED BY THE DECLARATION OF THE HONORABLE RANDALL RADER Highlighting the jurisdictional issues […]

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From Unwired Planet to Samsung — Forum Shopping for Global FRAND Judgments

December 31, 2020 by Jonathan H. Spadt, Benjamin E. Leace, Christopher H. Blaszkowski & Shayne D. Rasay, RatnerPrestia Four months ago, the UK Supreme Court decided Unwired Planet International Ltd. v. Huawei Technologies Co Ltd. [2020] UKSC 37, holding that English courts have the ability to enjoin infringing activity when the infringer refuses to enter […]

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