Sun Tzu's 'Art

1. Public Interest The ITC offers opportunities to argue that an exclusion order would harm the public interest throughout an investigation. Any person can argue PI at the beginning and end of the investigation, meaning that both proposed respondents and downstream customers can submit PI statements.

After reading the Supreme Court’s decision in Amgen v. Sanofi, I thought of the doctrine of simultaneous conception and reduction to practice, given both the decision’s and the doctrine’s focus on unpredictability in the art. An invention has two parts: conception and reduction to practice. An inventor conceives of claimed subject matter. Reduction to practice typically does not correlate with inventive activity.

Note: This article was written by Gerard Clodomir for Industry Today. It is reprinted with permission. The trend in recent years has undeniably been against the broad use and enforcement of employee noncompete agreements. The number of states that have implemented or proposed legislation restricting employers’ ability to use such agreements to prevent former employees from competing with them continues to grow each year.