How Preclusion At ITC Is Affecting District Court Litigants

By Michael Gershoni and Philip Marsh (February 11, 2021, 4:05 PM EST) -- While many people associate the U.S. International Trade Commission with adjudicating patent disputes, its jurisdiction is much broader.

In fact, the ITC has instituted 17 investigations including allegations of a nonpatent-related unfair acts over the last two years alone. These unfair acts concern, among other things, trademark, trade dress and copyright infringement, as well as trade secret misappropriation, false advertising and other methods of unfair competition.

Interestingly, in over half of these instituted investigations, the complainant has indicated that there is, or will be, concurrent district court litigation addressing some or all of the same issues before the ITC. This is...

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