Latest 2 Cases: Apple Inc. v. Andrea Electronics Corp. (Intellectual Property), Hitachi Metals, Ltd. v. United States (International Trade)

Dead Letter Office: What’s Left of the Impeachment Power After Trump’s Acquittal

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, discusses what happens now, after Senate Republicans voted to acquit President Trump. Falvy predicts that (1) President Trump will be emboldened to commit further abuses of power, (2) future presidents will be less constrained by fear of impeachment, and (3) impeachment may become more routine as political practice and significantly less effective as a constitutional remedy.

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Apple Inc. v. Andrea Electronics Corp.

Docket: 18-2382

Opinion Date: February 7, 2020

Judge: S[heldon] Jay Plager

Areas of Law: Intellectual Property, Patents

Andrea sued Apple for infringement of Andrea’s 345 patent, relating to certain aspects of digital audio processing. Apple filed two inter partes review (IPR) petitions. The Patent Trial and Appeal Board instituted review. In its 626 IPR Final Written Decision, the Board concluded that, in light of prior art, several challenged claims were unpatentable. The Board declined to consider certain arguments in Apple’s reply brief because Apple was raising new arguments in its reply brief. In its 627 Decision, the Board concluded that, in light of other cited art, several challenged claims are unpatentable. The Board construed the term “periodically” in favor of Andrea. Between the two IPRs, the Board held that all challenged claims except claims 6–9 are unpatentable. The Federal Circuit vacated with respect to the 626 IPR; the Board erred in refusing to consider Apple’s reply arguments. Apple’s reply does not cite any new evidence or “unidentified portions” of the reference at issue but merely demonstrates another example of the same algorithm to further explain why the reference discloses the “current minimum” and “future minimum” limitations of claims 6–9. Apple’s reply arguments are responsive to arguments raised in Andrea’s Patent Owner Response. The petitioner in an IPR may introduce new evidence after the petition stage if the evidence is a legitimate reply to evidence introduced by the patent owner. The court affirmed with respect to the 627 IPR, finding the decision supported by substantial evidence.

Hitachi Metals, Ltd. v. United States

Docket: 19-1289

Opinion Date: February 7, 2020

Judge: Jimmie V. Reyna

Areas of Law: International Trade

In 2017, the International Trade Commission issued a final affirmative determination that a U.S. domestic industry was materially injured by virtue of imported steel goods (carbon and alloy steel cut-to-length plate ) sold at less than fair value. Hitachi, a Japanese producer and U.S. importer of the product appealed, challenging the Commission’s “domestic like product” determination, 19 U.S.C. 1677(10). The Court of International Trade and the Federal Circuit affirmed the Commission’s “domestic like product” determination as supported by substantial evidence and otherwise not contrary to law. The Commission satisfied its obligation to conduct “investigative activities” under 19 CFR 207.20(b). In response to the supplemental questionnaires it issued at Hitachi’s request, the Commission received data from four domestic tool steel producers. The Commission also sought out non-responding manufacturers via telephone and email and successfully collected data from several of those parties. Contrary to Hitachi’s argument that the Commission “disregarded” information from tool steel producers, the record shows that several entities Hitachi named as tool steel producers reported that they do not produce tool steel.