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December 2011 Archives

U.S. Cannot Impose Countervailing Duties on Chinese Goods

In a ruling that has critics prophesying doom for American industries, a three-judge panel of the Federal Circuit Court of Appeals held that the government cannot impose countervailing duties against China's subsidized tires.

Because China is a non-market economy, the Federal Circuit upheld the U.S. Court of International Trade's order that U.S. countervailing duty law does not apply to Chinese imports. However, the federal court of appeal unanimously affirmed the Trade Court's ruling on a different ground.

The Trade Court initially held that imposing countervailing duties on non-market economy goods could lead to "double counting" since antidumping duties are already assessed on such goods. The Federal Circuit, on the other hand, held that Congress did not intend for government payments to companies in non-market economies be characterized as subsidies.

ITC Narrowly Rules in Favor of Apple in HTC Case; First Circuit Next?

Should we consider the International Trade Commission’s recent narrow ruling in favor of Apple - one small step for the consumer electronics behemoth and one giant leap for the smartphone patent wars?

Although the decision is being hailed as the first definitive case in the war, it’s just a baby step in the long string of legal actions to come.

The ITC ruled on Monday that Android-running HTC devices that use “data tapping” technology in a certain way violates one of Apple’s patents. A ban starting on April 19, 2012, was also placed on the technology.

Mylan Wins Federal Circuit Ruling in Effort to Sell Generic Doryx

Mylan, Inc. scored a victory in the U.S. Federal Circuit Court of Appeals in its battle to lift a ban prohibiting the company from selling a generic version of the antibiotic Doryx.

The Federal Circuit overturned a lower court’s decision to grant the ban while a patent-infringement suit against the company makes its way through the court process.

The antibiotic’s maker, Warner Chilcott, has argued that Mylan should not be allowed to make generic versions of the drug until its patent on a “stabilizing coat” expires in December 2022. Sales of the drug represents 6 percent of Warner Chilcott’s total revenue, with sales reaching $127 million in the first nine months of 2011.

Apple against the Galaxy: Appealing Lost Injunction Bid

Forget the world - Apple is taking on the Galaxy in its bid to block the sales of several of Samsung Electronics Co.’s products.

After losing its case for a preliminary injunction against four Samsung Galaxy devices, including its 4G smartphones and the Galaxy Tab 10.1 tablet computer, the mega-company is taking its case to the Federal Circuit Court of Appeals.

Apple filed its appeal six days after a federal judge in San Jose, Calif. ruled Apple didn’t show it would suffer irreparable harm to entitle it to injunctive relief, which she considered an “extraordinary remedy.”

Teva Wins Appeal Preventing Generic Copy of Cephalon Drug

Teva Pharmaceutical Industries Ltd. scored a victory in the Federal Circuit Court of Appeals after it ruled a rival company cannot produce generic copies of one of its drugs until 2019.

Watson Pharmaceuticals Inc. sought to sell a generic copy of Cephalon's (Teva's recent $6 billion acquisition) drug Fentora. The fast-dissolving painkiller, used to relieve episodes of cancer pain in adults already taking opioids, reportedly generated $81 million for Cephalon in the first half of 2011. It appears Watson was trying to get in on the action.

It's the Pitts for the Military: Interest Charges Get a Second Look

When dealing with the appeals process, you never know when new case law may throw a wrench, or a life preserver, into your case.

In Taylor Russell's class action complaint against the United States for interest charges on military credit accounts, a new decision turned into a life preserver.

Russell had opened a credit account with the Army and Air Force Exchange Service (the "Exchange") for the purchase of personal goods, but became delinquent on the balance in 2000. Accruing interest over the next nine years, Russell finally realized the government was charging him a higher interest rate than agreed upon in 2009 and sued.

CLE Credit: Free IP Law Webinar on Dec. 14

The year is almost over, but you still have time for more continuing legal education (CLE). If you've been looking for an opportunity to complete CLE credit from the comfort of your home or office, today is your lucky day.

Fitch, Even, Tabin & Flannery will host "Collection, Review, and Production of Your Client's Electronic Information," a free electronic discovery webinar, on December 14, at 9:00 am PST/12:00 pm EST.