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Expert Analysis

ITC Is A More Desirable Venue In The Wake Of AIA

Law360, New York (February 11, 2013, 1:35 PM EST) -- The U.S. International Trade Commission has become an increasingly popular forum for patent litigation involving imported products due to expedited scheduling,[1] broader discovery tools,[2] and a more lenient test for obtaining injunctive relief.[3] As provided by several provisions of the Leahy-Smith America Invents Act,[4] patent owners now have an additional reason to turn to the ITC for relief. In particular, the AIA places certain requirements on patent owners that make it more difficult to join multiple accused infringers in one civil action,[5] while neither Section 337 of the Tariff Act of 1930[6] nor the ITC's rules[7] impose any such restrictions....

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