Tips For Litigating Design-Arounds At ITC And Customs

Law360, New York (March 19, 2014, 10:39 PM EDT) -- ​Whether you are a complainant or respondent, litigants at the U.S. International Trade Commission — and in later phases at U.S. Customs and Border Protection — will likely confront the issue of design-around products.

For example, a respondent must decide early in an investigation whether to embark on a path to design around the asserted patent and whether to have the ITC adjudicate the new design. Conversely, the complainant must decide whether to pursue discovery of respondent’s yet-to-be-released products, including design-arounds, and whether to seek to...
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