SENATE FINANCE COMMITTEE TO HOLD CONFIRMATION HEARING ON FIVE ITC NOMINEES
Today the Senate Finance Committee will hold a confirmation hearing at 10:00 a.m. on President Trump’s five nominees to the U.S. International Trade Commission (ITC). The nominees are BRETT DOYLE, DAVID FOLEY JR., SAMUEL NEGATU, PETER-ANTHONY PAPPAS, and BARTHOLOMEW THANHAUSER. Confirming all five would fill every seat on the six-member Commission, which has not been at full strength since 2017. The ITC is an independent, quasi-judicial trade agency that, among other functions, conducts Section 337 investigations into unfair import practices—most often patent infringement—and can bar infringing goods at the border through exclusion orders.
Pappas serves as director of IP policy for the Senate Judiciary Committee under Sen. THOM TILLIS (R-NC) and previously held several positions at the USPTO including special advisor to former Director ANDREI IANCU. Foley is chief counsel for intellectual property on the House Judiciary Subcommittee on Courts, Intellectual Property, AI, and the Internet. Doyle is assistant U.S. trade representative for congressional affairs; Thanhauser is deputy assistant U.S. trade representative for Southeast Asia and the Pacific; and Negatu is director of government affairs at the Consumer Technology Association and a former USTR official.
UPC UPDATES: THE UPC AND EQUIVALENTS
 |
By Aloys Hüttermann, Michalski Hüttermann & Partner
The most significant “uncharted territory” before the UPC at the moment is equivalents. A first attempt to set a standard was made by the Division in The Hague, which simply applied the Dutch national test in UPC_CFI_239/2023. Although other divisions criticized that approach (e.g., UPC_CFI_471/2023), the LD The Hague repeated this in UPC_CFI 479/2025, but interestingly not in UPC_CFI_187/2024.
Notably, in the recent UPC_CFI_807/2024 decision, the LD Düsseldorf also followed the LD The Hague instead of applying German case law. The Court of Appeal will have the final say, but for now parties are well advised to follow the Dutch approach, which is a 4-prong test:
- Does the variation solve (essentially) the same problem that the patented invention solves and perform (essentially) the same function in this context?
- Is extending the protection of the claim to the equivalent proportionate to a fair protection for the patentee?
- Does the skilled person understand from the patent that the scope of the invention is broader than what is claimed literally?
- Is the allegedly infringing product novel and inventive over the prior art?
This biweekly column covers important recent decisions from the Unified Patent Court. Comments and suggestions are invited.
 |
COMING SOON ON THE IP CHAT CHANNEL™: ANTI-SUIT INJUNCTIONS IN INTELLECTUAL PROPERTY LITIGATION
Join the IP Chat Channel™ on Tuesday, July 14 at 12:00pm ET for a webinar on anti-suit injunctions in intellectual property litigation. Panelists STEVE AKERLEY (InterDigital), TOM BROWN (Dell Technologies), JORGE CONTRERAS (Univ. of Utah), and J. KARL GROSS (Leydig, Voit & Mayer, Ltd.) will discuss anti-suit injunctions in intellectual property litigation including how they relate to Standard Essential Patents and FRAND licensing negotiations.
Anti-suit injunctions are becoming increasingly relevant in disputes with international contexts, and several recent cases have addressed use of anti-suit injunctions to enjoin parties from proceeding with parallel litigation in different forums. The panel will review the historical foundation and development of anti-suit injunctions, analyze these more recent cases, and discuss elements counsel should consider in matters that could or do involve anti-suit injunctions.
IP Chat Channel™ webinars are free for IPO members. Advance registration is required. CLE offered in most states.
JOIN THE IP LICENSING & RELATED ISSUES COMMITTEE
IP licensing touches virtually every corner of IP practice. IPO’s IP Licensing & Related Issues Committee helps members stay current, sharp, and connected. In 2026, the committee is:
- Hosting monthly training sessions on topics including AI in contract drafting, data protection, and license transferability
- Continuing the popular ‘Essentials and Pitfalls in Drafting IP Provisions’ webinar series
- Tracking key licensing case law developments
Whether you’re a seasoned licensing professional or looking to build expertise, this committee offers practical value throughout the year. Apply to the IP Licensing & Related Issues Committee today at http://www.ipo.org/joinacommittee.