Osha Liang LLP: Fine Wine and Spirits Producers Win ITC Intellectual Property Dispute

HOUSTON, Aug. 12, 2013 /PRNewswire/ — Cognac Ferrand and W.J. Deutsch & Sons, Ltd., two producers of fine wines and spirits, prevailed in an intellectual property dispute before the U.S. International Trade Commission (ITC), Osha Liang LLP said today.

The ITC issued notice of its decision to review and terminate an investigation of patent disputes related to product packaging brought against more than a dozen wine and spirits, cosmetics, and consumer electronics companies by a Longview, Texas company. In Investigation No. 337-TA-874, the Commission affirmed the administrative law judge’s initial determination that the complainant failed to satisfy the economic prong of the domestic industry requirement and found no violation of Section 337 of the Tariff Act of 1930.

Osha Liang’s Tammy Terry, lead counsel for Cognac Ferrand and W.J. Deutsch & Sons, Ltd., represented the companies at a two-day ITC hearing in May 2013. The commission issued its notice on August 6, 2013.

Ms. Terry said, “This decision not only is a victory for companies, like our clients, who have been targeted by non-practicing entities, but also is an important notice for litigants who choose or are brought into the ITC. In ITC proceedings, a company must demonstrate that it satisfies the ‘domestic industry’ requirement – in other words, that its economic activities in the United States justify the relief the ITC offers.”

John Osha, managing partner of Osha Liang LLP, said, “This case provides an example of how the issue of whether a litigant can avail itself of the exclusionary power of the ITC can be properly vetted out at an early stage. Thanks to the hard work and dedication of those involved in this investigation, the correct result was reached for our clients. We are extremely pleased that justice has been served for them.”

About Osha Liang LLP

Founded in 1997, Osha Liang is an intellectual property law firm with a global presence. The firm has expertise in worldwide patent and trademark procurement, portfolio management, licensing, acquisition, due diligence, opinions of counsel, litigation, and strategic IP counseling, among other areas. With offices in Texas, California, France, China and Japan, the firm prides itself in being one of the most technically and legally proficient intellectual firms in the world. Osha Liang is recognized as one of the top 50 IP firms in the U.S. based on the number of patents issued. For more information, please visit oshaliang.com.

Contact: Tammy Terry, Osha Liang LLP, firm@oshaliang.com, 713.228.8600.