Seeking Disapproval: Presidential Review Of ITC Orders

Law360, New York (November 10, 2011, 12:51 PM EST) -- A recent trend in patent litigation is the increasing importance of litigating in the U.S. International Trade Commission. By the first half of 2011, there had already been a record number ITC investigations alleging intellectual property infringement.[1] This increased interest in the ITC as a forum for patent cases is likely due to the 2006 U.S. Supreme Court decision in eBay Inc. v. MercExchange LLC,[2] which made it more difficult to get an injunction for patent infringement.

Instead, patent holders are increasingly bringing cases in the...
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