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ITC Upholds $6 Million Penalty for Consent Order Violations Based on Patent Claims Later Found Invalid

The International Trade Commission recently denied a request by an ITC respondent to rescind a $6 million penalty for violating a consent order based on patent claims later found invalid....more

Dilemma of the Unnamed Section 337 Respondent

One unique aspect of the International Trade Commission’s authority under Section 337 is the power to issue general exclusion orders (GEO). Under such orders, companies never named as a respondent in an ITC complaint can find...more

U.S. Supreme Court Denies Cert in Rovi-Comcast ITC Dispute

The U.S. Supreme Court has denied Comcast’s petition for certiorari arising from one of the disputes at the International Trade Commission (ITC) between Rovi and Comcast regarding alleged patent infringement....more

Ensuring ITC Domestic Industry Is Not Too Domestic: Employees Working Remotely

One of the unique requirements for bringing a suit under Section 337 at the U.S. International Trade Commission (ITC) is that a domestic industry exists or is being established when the complaint is presented to the ITC....more

Patent Infringement for the Public Good

During the COVID-19 pandemic, the U.S. government may find it necessary to direct companies to use a patented technology owned by others in order to serve the public good. The essence behind patent rights is to exclude others...more

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