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Expert Analysis

Fed. Circ. Ruling Creates Circuit Split On ITC Preclusion

By Matt Rizzolo and Jim Gaylord (May 24, 2019, 10:33 AM EDT) -- The U.S. International Trade Commission, a quasijudicial independent agency based in Washington, D.C., is a common forum for patent, trademark and trade secret disputes. The U.S. Court of Appeals for the Federal Circuit has long held that the ITC's rulings on patent infringement and validity issues do not have preclusive effect on later district court proceedings. According to the court, Congress "did not intend decisions of the ITC on patent issues to have preclusive effect."[1]...

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