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Analysis

Fed. Circ. Created A 'Big Mess' With ITC Preclusion Ruling

Law360 (May 28, 2019, 2:43 PM EDT) -- This month, the Federal Circuit said trademark infringement rulings from the International Trade Commission don’t block district court litigation over the same issue, diverging from decades-old precedent and causing consternation among lawyers who thought the issue was widely settled.

Since 1985, every federal appellate court that looked at whether International Trade Commission trademark infringement rulings preclude district court litigation agreed they did. Which is why when the Federal Circuit found otherwise, without discussing those past decisions or addressing the circuit split they created, several ITC attorneys wondered if the court truly understood the impact of its decision.

“The first thing that...

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