Thwarting NPE Abuse In 337 Actions: Alternative Measures

Law360, New York (October 4, 2013, 4:12 PM EDT) -- The potential for nonpracticing entities to exploit Section 337 actions for “hold up” value has generated alternative measures designed to thwart abuse. As discussed here, these measures should be evaluated taking into account the significant statutory and procedural differences between patent infringement actions in the federal district courts and in the U.S. International Trade Commission.

An injunction against importing infringing (or otherwise offending) goods is the only remedy available in Section 337 investigations before the ITC. Upon a finding of a violation, an exclusion order enjoining...
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