INTERNATIONAL BUSINESS ALERT – RUSSIA MAKING BOLD MOVES

I f you’re involved in international business, the country to watch right now is Russia.  Moves by the country which seems intent on isolating itself could impact your business.  Russia recently announced its plans to ban or limit agricultural imports from countries that had imposed sanctions on it.  Dmitri A. Medvedev, Russia’s prime minister, announced that “all beef, pork, fruit, vegetables and dairy products from the European Union, the United States, Canada, Australia and Norway” would be banned for one

What is a Patent Term Extension and How Do I Get One?

For some types of inventions, such as new and nonobvious pharmaceutical compositions, securing a patent from the federal government is only half the battle. In addition to obtaining patent rights, pharmaceuticals and other compositions that might be consumed by humans are required to undergo a review process conducted by the Federal Food and Drug Administration. Patent rights prevent others from making, using, selling or importing the patented invention. But patent rights are only enforceable for a set amount of

4 Common Legal Opinions Concerning Patents

When it comes to obtaining patent protection for a new and nonobvious invention, there is a lot to consider. Obtaining intellectual property rights in the form of a patent often requires a huge investment of time and financial resources. However, the benefits of obtaining patent protection can far outweigh the upfront costs. Since patents are such a valuable assets, but also a costly undertaking, many people who are considering filing for a patent or who have already obtained a

Export Administration Regulations (EAR) Focused on Hacking

Don’t Be Like Those Guys The Bureau of Industry and Security (BIS) has added five Russian entities to the Entities List that are now prohibited from doing business with the United States because they are involved in activities contrary to the national security or foreign policy of the United States.  This is meant to be a “tongue-in-cheek” reminder that the Federal government has export licensing requirements and the failure to follow these requirements results in a ban on doing

Interdigital Loses On International Patent Issue…Again

Inside an ITC International Patent Dispute Last week, the U.S. International Trade Commission (“ITC”) upheld, with modifications, its Administrative Law Judge’s (“ALJ”) June findings that neither ZTE Corp.’s devices nor Nokia’s phones (now made by Microsoft Corp.) violated InterDigital Inc.’s international patent rights. The ITCstated that it would release the reasoning in more detail in an upcoming opinion. The International Trade Commission’s Powerful Role The ITC is an independent, quasi-judicial federal agency that lends its trade expertise to both the legislative

Anti-Dumping Order is An International Trade Win For U.S Steel Pipe Makers

Why do anti-dumping measures benefit U.S. steel manufacturers? On August 22nd, U.S. Steel producers were handed a big win in an international trade case against six nations for dumping gas and oil pipe onto the United States market.  This decision comes after a complaint was filed last year by U.S. steel companies against foreign manufacturers who were, according to the U.S., “negatively impacting the U.S. steel production companies with their unfair trading standards.” Claims Made by the U.S. Steelmakers U.S. steelmakers

U.S. ITC Issues Groundbreaking Stay on Cease and Desist

Why did the USITC issue a stay on a cease and desist order? On June 11, 2014, the United States International Trade Commission (“Commission”) issued a stay of a cease and desist order (“CDO”) for the first time in its history. The stay was issued in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same. Background The Commission instituted the

What is a Tax Inversion & Can it Save your Company Money?

Apple, Inc. made headlines this year when it managed to avoid over $70 million in taxes that the U.S. said the company owed to the federal government. Estimates vary as to the amount of money Apple keeps offshore, but the numbers are consistently in the billions of dollars range.  In fact, forty and fifty billion dollars are numbers seen in some recent news stories on international tax. Inversions The Apple issue is not an uncommon issue with large corporations.  You could

Decrease in Trade Deficit: Good News For U.S. Exporters

What is a decrease in the trade deficit and what does it mean for U.S. Jobs Numbers? Businesses involved in international trade were pretty happy recently when the Commerce Department announced that the total July exports of $198.0 billion and imports of $238.6 billion resulted in a goods and services deficit of $40.5 billion, down from the $40.8 billion in June. More specifically, July imports were $1.6 billion more than June imports of $237.0 billion. This is the lowest deficit since January. Overall,

China’s Anti-Monopoly Law Could Spell Trouble With The WTO

What does China’s anti-monopoly law mean to international business transactions? There is no such thing as a slow month in international trade law, particularly when it comes to China, which seems to make the news on a near daily basis.  This month was no exception as China made headlines for its application of an anti-monopoly law. The Law at Issue On August 30th, 2007 The People’s Republic of China passed the “Anti-Monopoly Law of the People’s Republic of China” (AML).