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Prospects of IP Assertion in the US International Trade Commission

Thursday, March 6, 2014 12:00 PM to 1:00 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


The US International Trade Commission (USITC), in its executive role of protecting American industry, has evolved as an intellectual property enforcement forum. With American companies shifting much of their manufacturing abroad and off-shore companies establishing operations in the US, it is not unusual that a domestic industry petitioner in one proceeding is a respondent importer in another.

Recently, Non-Practicing Entities (a.k.a., “patent trolls”) have attempted to use the USITC as a forum to seek injunctions by way of exclusion orders to “protect” their licensing “domestic industry.” There has been some backlash against these efforts, along with a rare Presidential disapproval of an exclusion order based on infringement of  “standards-essential patents,” and a denial – in a secondary infringement case – of a cease-and-desist order where the direct infringement was entirely domestic.  Nonetheless, the USITC remains a favorable forum for fast enforcement by any party with intellectual property rights and an “industry” in the US against importation of infringing products.

This event will include a briefing on the current prospects for IP rights assertion in the USITC, with a particular consideration for foreign IPR holders. 

Sponsoring Section/Committee(s):




Elizabeth Vincensi


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