5 Key Takeaways - Considering the Alternatives: A Primer on the ITC

Kilpatrick Townsend & Stockton LLP

Most companies think of the ITC as a place to file patent infringement lawsuits, particularly on high-tech products. However, as is shown by the ever-increasing number of filings there, the ITC is useful in a number of other situations, and can be used to address infringement of copyrights, trademarks, trade dress, and trade secrets, not just patents. In addition, it is the only U.S. forum where an IP rights holder can obtain a General Exclusion Order—an order barring all infringing products from entering the United States, regardless of whether the makers or sellers were party to the ITC investigation, or even known.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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