Asserting RAND Defenses At The ITC: 3 Common Pitfalls

Law360 (April 6, 2020, 4:19 PM EDT) -- Reasonable and nondiscriminatory defenses at the U.S. International Trade Commission have always been rocky territory, but perhaps never more than they are now.

For well over a decade, respondents have been asserting RAND defenses, but to date, the commission has never denied a remedy on that basis. And now, a recent policy shift casts further doubt on the future of RAND.

In 2013, the administration of President Barack Obama made news by reversing an exclusion order covering Apple Inc. iPhones, marking the first time in decades the president has intervened.[1] In doing so, the administration suggested that this remedy was not...

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