IPRs Can Play Important Role In ITC Defense Strategy

Law360 (October 9, 2020, 2:49 PM EDT) -- In the past, proceedings before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, such as inter partes reviews, have been viewed as unlikely to impact Section 337 investigations before the U.S. International Trade Commission.

But last month, in Certain Unmanned Aerial Vehicles and Components Thereof,[1] the ITC suspended enforcement of its remedial orders pending the resolution of an IPR. This opinion appears to have a significant impact on how IPRs may be used as part of a defense strategy at the ITC.

Unmanned Aerial Vehicles

On March 2, Chief Administrative Law Judge Charles Bullock issued a...

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