Dolan, William
December 2009
Duke Law & Technology Review;12/4/2010, Issue 11, p1
Academic Journal
The International Trade Commission (ITC) is an alternate venue for holders of U.S. patents to pursue litigation against infringing products produced abroad and imported to the United States. Because the ITC may only grant injunctive relief, it has awarded injunctions in situations where there may have been better and more efficient remedies to the infringement available through litigation in federal district court. The increased likelihood of injunctive relief bolsters the position of patent holders against a wide range of producers in royalty negotiations and can harm the end consumers through a process known as "patent hold-up." There are currently sweeping and aggressive proposed reforms to reduce this harm to consumers. This iBrief suggests that the optimal reforms would not change the overall structure or scope of the ITC or its jurisdiction. Rather it would harmonize the substantive law, available defenses for respondents, and requirements for injunctive relief between ITC proceedings and litigation in federal district court.


Related Articles

  • New Encouragement for Patent Owners Seeking Permanent Injunctions After Winning an Infringement Suit. Ainbinder, Meredith // Federal Lawyer;Mar2012, Vol. 59 Issue 2, p16 

    The article focuses on post-trial injunction options for patent holders that have proven infringement. Information is provided on the U.S. court case Robert Bosch LLC v. Pylon Manufacturing Corp., in which the court enacted rules governing the issuance of permanent injunctions if the patent...

  • EXAMINING THE EVOLVING ROLE THE PUBLIC INTEREST PLAYS AT THE ITC. Riley, P. Andrew // Landslide;Sep/Oct2013, Vol. 6 Issue 1, p40 

    The article discusses the impact of public interest concerns in decisions made by the U.S. Interntional Trade Commission (ITC). It notes the ITC's function to investigate unfair trade practices that involve patents and intellectual property (IP) under Section 1337 of the 19 U.S. Code. It cites...

  • Puerto Rico positioned to become a patent litigation haven. Torres-Oyola, Eugenio J. // Caribbean Business;9/27/2012, Vol. 40 Issue 38, Special section p11 

    The article offers information on the processes for patent litigation in Puerto Rico. It states that the most important in the process is having a counsel that possesses knowledge and understanding on patent law and relate and relevant technology. It mentions requirements on how to prove direct...

  • MAC: DAC Patent Invalid. Hume, Lynn // Bond Buyer;3/1/2007, Vol. 359 Issue 32577, p1 

    The article reports on the decision of Municipal Advisory Council (MAC) of Texas concerning the patent infringement dispute between Digital Assurance Certification (DAC) LLC and Central Post Office (CPO). MAC has urged Orlando federal court to both deny DAC' request for a preliminary injunction...

  • Qualcomm Takes a Patent Blow. Killion, Andy // San Diego Business Journal;12/18/2006, Vol. 27 Issue 51, p10 

    The article reports on the decision of the U.S. International Trade Commission that chip maker Qualcomm Inc. has infringed on five claims of a Broadcom Corp. patent. On October 10, 2006, Commission Administrative Law Judge Charles E. Bullock has determined that all three of Broadcom's patents...

  • Flexsys moving to reopen case against Asian firms. Moore, Miles // Rubber & Plastics News;3/23/2009, Vol. 38 Issue 17, p22 

    The article reports that Flexsys America LP has decided to revive its civil case against Asian rubber chemical and tire makers after failing to win a patent infringement case before the International Trade Commission (ITC). Flexsys filed a motion to reopen the case in the Cleveland federal...

  • ITC Order in Force for Power Integrations, SG Dispute. Taylor, Colleen // Electronic News;10/30/2006, Vol. 52 Issue 44, p8 

    The article reports on the exclusion order issued by the International Trade Commission against System General Corp. that was enforced by Power Integrations as of October 2006. The exclusion order prohibits the importation of System General's infringing products into the U.S., as well as the...

  • Speed Court. Seidenberg, Steven // InsideCounsel;May2011, Vol. 22 Issue 233, p24 

    The article focuses on the increasing number of patent cases filed at the U.S. International Trade Commission (ITC) in 2011. The increase is attributed to the routine denial of injunctions by courts in some situations. According to Wolf, Greenfield & Sacks patent lawyer Gerald Hrycyszyn, the ITC...

  • Trend Micro sucker punches Barracuda. Gibbs, Mark // Network World;2/4/2008, Vol. 25 Issue 5, p42 

    The author reflects on the patent infringement lawsuit filed by Trend Micro Inc. to Barracuda Networks Inc. (BN) in the U.S. He relates that Trend Micro Inc. filed a claim with the International Trade Commission (ITC), stating that BN was importing product that infringed its Internet protocol....


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics