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International Trade
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May 23, 2022
Utah Court Again Nixes Mattress Antitrust Suit
A Utah federal court on Monday found that a slew of mattress manufacturers are immune from claims that they manipulated government trade probes to hold back competition but allowed importer CVB Inc. bringing the case to try again on its other allegations.
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May 23, 2022
Blindness Testing Device Co. To Sell IP In Del. Wind-Down
MacuLogix Inc., an ophthalmology company that specializes in the detection of age-related macular degeneration, owes $23 million it cannot pay and will wind down the business in a state liquidation process, the company said in a petition to Delaware Chancery Court.
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May 23, 2022
Russia Makes Early Bond Payments To Dodge Default
Russia has made early payments on dollar and euro bonds after the U.S. said it would begin to block the Kremlin's access to cash for servicing its external debt, putting the country at risk of its first default since 1918.
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May 20, 2022
Ex-Panama Prez's Sons Get 3 Years In Odebrecht Bribery Plot
A New York federal judge sentenced two sons of former Panamanian president Ricardo Martinelli on Friday to three years in prison for laundering $28 million in bribes paid to their father from Brazilian construction conglomerate Odebrecht SA.
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May 20, 2022
FTC Chair Concerned ITC Being Misused In FRAND Cases
Federal Trade Commission Chair Lina Khan has told the U.S. International Trade Commission that she's "increasingly concerned" that holders of standard-essential patents are sometimes using the ITC to gain licensing leverage.
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May 20, 2022
Commerce Dept. Wants Export Controls On 4 Marine Toxins
The U.S. Department of Commerce's Bureau of Industry and Security on Friday issued a proposed rule that would place export controls on four naturally occurring marine toxins that it said could be used in biological weapons.
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May 20, 2022
CIT Greenlights Slashed Tariffs On Chinese Solar Cells
The U.S. Court of International Trade greenlighted slashed tariffs on Chinese solar cell duties, saying the U.S. Department of Commerce had complied with instructions to reconsider whether importers had benefited from a subsidy program when it ceded the issue.
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May 20, 2022
Feds Charge Biz Owners In International Stolen IPhones Plot
Two North Carolina business owners have been hit with federal charges accusing them of selling and shipping stolen Apple iPhones and other electronic devices to domestic and international consumers.
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May 20, 2022
ADI Lied About Breaking Export Law, Engineer On Trial Says
A former Analog Devices Inc. engineer on trial for trade secrets theft says the semiconductor company engaged in the same alleged misconduct and then lied about it through its Quinn Emmanuel lawyer who was formerly acting U.S. attorney in Boston, an accusation the lawyer rejected Friday as "complete nonsense."
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May 20, 2022
Zurich Insurance Exits Russia With Local Sale
Swiss insurance giant Zurich said Friday it has agreed to sell off its Russian arm to shut down all its operations in the country, joining the wave of major multinationals leaving as the invasion of Ukraine nears its fourth month.
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May 19, 2022
IP Forecast: Crocs Takes Look-Alike Shoe Fight To ITC
Crocs Inc. will argue before the U.S. International Trade Commission next week that retailers are copying the design of its iconic shoes and that imports of alleged knockoffs sold by companies like Walmart and Hobby Lobby need to be blocked. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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May 19, 2022
Centripetal Gets ITC To Look Into Computer Security Imports
Centripetal Networks Inc. has won its bid to have the U.S. International Trade Commission look into allegations that a tech company was importing computer security technology products that Centripetal said infringe a trio of its patents.
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May 19, 2022
WTO Talks On Vaccine Patents Falter As Pandemic Surges
A resolution on draft text for a temporary World Trade Organization waiver of some patent rights related to COVID-19 vaccines appeared out of reach this week, as informal negotiations to hammer out an agreement picked up again among members of a WTO council working on the waiver.
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May 19, 2022
Senate Approves $40B Ukraine Aid Package
The U.S. Senate on Thursday passed a $40.1 billion emergency aid package for Ukraine, following a weeklong holdup after Sen. Rand Paul, R-Ky., raised concerns over aspects of the bill.
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May 19, 2022
Ariz. Law Backs Netherlands Lien In MD Helicopters Ch. 11
The government of the Netherlands argued in support of its $15.5 million priority lien against bankrupt MD Helicopters Inc., saying Arizona law governing leases on real property clearly weighed in favor of the nation's claim on the debtor's Mesa manufacturing facility.
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May 19, 2022
Commerce Readies Hefty Duties On Chinese Rail Couplers
The U.S. Department of Commerce laid out duties of more than 250% on Chinese freight rail coupler systems following findings that Chinese companies failed to cooperate in an investigation into claims they received unfair government subsidies.
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May 19, 2022
Yellen Gives Chilly Read On China Tariffs Amid Inflation Woes
U.S. Treasury Secretary Janet Yellen offered a cold assessment of the administration's standing tariffs on more than $300 billion worth of Chinese goods Wednesday, suggesting that the levies are hurting consumers and contributing to climbing inflation.
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May 19, 2022
UK Freezes Assets Of Aeroflot, 2 Other Russian Airlines
The government said on Thursday that it has frozen the assets of Russia's state-owned Aeroflot PJSC and two other Russian airlines to prevent the companies from selling their unused landing slots at British airports worth an estimated £50 million ($62 million).
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May 18, 2022
Biden Takes Steps To Put More Baby Formula On US Shelves
President Joe Biden on Wednesday invoked the Defense Production Act in an effort to increase the production of baby formula and ease a national shortage caused by a recall over bacterial contamination concerns, the White House announced.
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May 18, 2022
Steve Wynn Gambles On Who's A Foreign Agent Under FARA
Former casino mogul Steve Wynn's decision to fight the Justice Department's civil suit alleging he failed to register as a foreign agent of China over a Trump-era lobbying effort is a sign that the GOP megadonor is betting that a court will find he didn't violate the Foreign Agents Registration Act, experts tell Law360.
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May 18, 2022
Ill. Man Gets 1 Year For Smuggling To Pakistan Nuke Agency
A Chicago tech executive was sentenced to one year in federal prison in Illinois federal court on Wednesday after pleading guilty last year to smuggling computers and equipment from the United States to a nuclear research agency of the Pakistani government without a license from the U.S. Department of Commerce.
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May 18, 2022
Tai Targets Mexican Panasonic Plant In Labor Trade Inquiry
The Biden administration used its trade deal with Mexico to press for a review of a Panasonic automotive plant in the city of Reynosa Wednesday, following up on claims from a Mexican union that the company is undercutting union activity at the plant.
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May 18, 2022
CIT Snuffs Out Importer Suit Over Duty Waiver Mistake
The U.S. Court of International Trade has shut down a steel importer's bid to reclaim national security tariffs that the company says were errantly collected over minor errors in its exclusion request, ruling that the government abided by its own regulations.
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May 18, 2022
Cuban Cognac Heirs Want Suit Against Pernod Ricard Revived
The heirs of a Cuban cognac company asked the Eleventh Circuit on Wednesday to overturn the dismissal of their Helms-Burton Act suit against Pernod Ricard SA, arguing that the French spirits company should have to face the lawsuit in Florida over its use of empty oak barrels and other assets seized by Fidel Castro's government.
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May 18, 2022
Commerce Wants Input On Crypto Framework
The U.S. Department of Commerce sought public feedback Wednesday on how it can support and leverage cryptocurrencies, stablecoins and other digital asset technologies as it looks to establish a framework to enhance U.S. economic competitiveness in the field.
Expert Analysis
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Why I'll Miss Arguing Before Justice Breyer
Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.
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Compliance Takeaways From DOJ Duress Defense Guidance
The U.S. Department of Justice's recent Foreign Corrupt Practices Act advisory opinion sheds light on the applicability of the duress defense, which may help companies formulate policies to avoid liability in high-stakes situations, but several unanswered questions about the scope of the defense remain, say attorneys at DLA Piper.
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Recent Rulings Show Lawyer Criticism Of Judges Is Perilous
Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.
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Takeaways From DOJ Fraud Section's 2021 Year In Review
Attorneys at Wiley highlight important trends in the U.S. Department of Justice Fraud Section’s just-released annual report, identifying how 2021 statistics compare to the previous year and predicting future areas of focus for the DOJ's prosecution of white collar crime.
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Breyer's Role In Courthouse Design Sets A Judicial Template
As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.
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China's Entrance Into Int'l IP System Comes With Challenges
China will join the Hague System for international design protection this spring, but some of China's unique legal procedures could impede global harmonization, and the development has the potential to unleash an application tsunami on worldwide patent offices, says Richard Stockton at Banner Witcoff.
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What Commerce's Anti-Dumping Rules Mean For Importers
The U.S. Department of Commerce's recent updates to its anti-dumping and countervailing duty regulations could potentially accelerate scope and circumvention determination timelines, which is laudable but also raises some questions and concerns for importers and their counsel, say William Isasi and Cynthia Galvez at Covington.
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A Look At Chinese Courts' New Approach To IP Damages
U.S. companies enforcing intellectual property rights in China should take advantage of the new landscape in which Chinese courts, equipped with enhanced discovery processes, are increasingly issuing large nonstatutory damage awards, say analysts at Charles River Associates.
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How US Trade Obligations Apply To Biden's Infrastructure Law
The Infrastructure Investment and Jobs Act could require some state agencies that receive federal funding for infrastructure to consider for the first time whether U.S. international treaty obligations prevent the application of Buy America preferences for certain government purchases, subjecting them to new liability risks, say attorneys at Akin Gump.
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Opinion
Time To Nix Antitrust Policies That Fueled Blocked Nvidia Deal
Antitrust authorities were wise to block Nvidia's purchase of Arm Holdings, but if regulators want to deter future consolidation in the wireless communications industry, they shouldn’t revive policies that endanger the viability of licensing-based business models, says Jonathan Barnett at the University of Southern California.
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3 Safe Passages To Avoid Sanctions Double Binds
The Court of Justice of the European Union's recent judgment in Bank Melli v. Telekom Deutschland shines light on safe passages through which businesses may navigate challenges posed by conflicting international sanctions and sanctions-blocking measures, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University Law School.
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BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent
Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.
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Opinion
Biden's Supreme Court Nominee Should Have 5 Key Qualities
In fulfilling his campaign promise to nominate a Black woman to the U.S. Supreme Court, President Joe Biden should look for candidates with experience as a state trial judge, a background in public education and a few other important characteristics, says Benes Aldana, president of The National Judicial College.
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Inside The New Guidance On Federally Funded Research
In light of the White House's recently released national security guidance for federally funded research, institutions should ensure their policies and systems can compile information to satisfy required disclosures of outside activity, conflicts of interest and other potential sources of inappropriate influence, say attorneys at Hogan Lovells.
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Opinion
Patent Act Must Be Updated To Protect Quantum, AI Industries
Based on the Federal Circuit's interpretation, the Patent Act does not prohibit from importation into the U.S. information produced by a patented process, so Congress should act to close this problematic loophole for the benefit of the crucial, high-growth information technology field, says Clark Bakewell at Mayer Brown.