ITC Early Decision Plan Will Make Life Tough For NPEs

Law360, New York (June 28, 2013, 7:21 PM EDT) -- The U.S. International Trade Commission's new program to determine the existence of a domestic industry early in patent cases will make it tougher for nonpracticing entities to use the trade forum and could significantly cut litigation costs for respondents, attorneys say.

The ITC announced last week that it is launching a pilot program in which a judge will be ordered to conduct expedited fact finding and an abbreviated hearing if the commission identifies potentially dispositive issues in a complaint, such as whether the patent owner has satisfied...
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