Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related parties (Par as “Complainants”). The complaint, which is grounded in allegations of the unlawful importation of certain Potassium Chloride powder … Continue reading this entry
Tags: International Trade Commission, ITC, Par, Pharmaceutical, Potassium Chloride, Viva
In Align Technology, Inc. v. International Trade Commission, the Federal Circuit held that ITC action that violated ITC’s own regulations warranted vacatur under the Administrative Procedures Act. While the case addresses specific ITC regulations, the same principles apply to other agencies, including the USPTO. Thus, the USPTO should take note of this decision, and take care … Continue reading this entry
Tags: Administrative Procedures Act (APA), Align Tecnholoies, International Trade Commission, Invisalign, ITC
Posted in International Patent Practice
