Where Have All The ITC Investigations Gone?

Law360, New York (January 10, 2013, 1:39 PM EST) -- It has become conventional wisdom that an unintended consequence of the U.S. Supreme Court’s decision in eBay v. MercExchange, 547 U.S. 388 (2006) is a continually and rapidly growing caseload of Section 337 investigations at the U.S. International Trade Commission. Faced with higher standards for injunctions in federal courts, it was expected that many plaintiffs, especially nonpracticing entities (NPEs), would seek “exclusion orders” (functionally equivalent to injunctions) at the ITC.

This view has been touted so frequently that it has taken on an aura of truth....
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