Mondis ITC Case: Royalties Preclude Exclusion Order

Law360, New York (September 13, 2012, 2:06 PM EDT) -- In a recent decision that continues the U.S. International Trade Commission's evolving jurisprudence on licensing, Administrative Law Judge Theodore R. Essex held that a running royalty awarded in a prior district court case foreclosed relief at the ITC.[1]

The complainant at the ITC was Mondis Technology Ltd., a U.K. nonpracticing entity. Prior to bringing the case in the ITC, Mondis successfully sued the respondent in the U.S. District Court for the Eastern District of Texas.[2] It did not seek injunctive relief based on the verdict, but...
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