Patent Litigation Outcomes At ITC Vs. District Courts

Law360, New York (February 25, 2013, 12:31 PM ET) -- The U.S. International Trade Commission has become a favored forum for patent litigation in the United States, in significant part due to the unique remedy that it offers: the exclusion of infringing articles from importation. This remedy sets the ITC apart from U.S. district courts, where plaintiffs have often struggled to obtain injunctive relief since the U.S. Supreme Court’s 2009 decision in eBay.

The rapid increase in patent infringement litigation at the ITC since 2009 has been controversial, with some commentators complaining, on the one hand,...
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