'Patent Troll' Suits Face New Obstacles At ITC

Law360, New York (February 11, 2014, 7:21 PM EST) -- As Congress debates legislation to crack down on so-called patent trolls, a little-noticed ruling may have an immediate impact on nonpracticing entities, raising the bar for them to file sue at the U.S. International Trade Commission.

In a Jan. 9 decision clearing Hewlett-Packard Co. and others of infringement, the ITC reversed long-standing precedent and held for the first time that in order to use licensing activities to satisfy the domestic industry requirement for suing at the ITC, nonpracticing entities must prove that there are products that...
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