Why Patent Assertion Entities Are Transitioning To ITC

Law360, New York (January 25, 2013, 12:27 PM EST) -- Some practitioners and academics perceive a growing trend in patent infringement suits brought by patent assertion entities (“PAEs”) in the U.S. International Trade Commission. For example, in 2012, Colleen Chien, a professor at the Santa Clara University School of Law testified before the House Subcommittee on the Judiciary that “PAEs and product-producing companies alike have flocked to this once-obscure trade agency.”[1] She also noted that today “nearly every patentee is a potential ITC complainant and nearly every patent defendant is a potential ITC respondent.”[2]

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