Category Archives: ITC

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Is the International Trade Commission the Most Patent-Friendly Venue with a Complainant Success Rate Near 90%?

There are many advantages to pursuing relief for patent infringement in the International Trade Commission (ITC) compared to U.S. district court, but one that receives little attention is the success rate for complainants (plaintiffs). The rate has been climbing for years and reached nearly 90% for cases decided on the merits in 2017.  With such … Continue reading this entry

The Public Interest, EPROMs, and Domestic Industry Issues in Component Manufacturer S. 337 Investigations

Since the Supreme Court’s decision in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), injunctions are an infrequent remedy for patent infringement in federal district courts.  Yet, an exclusion order – the functional equivalent of an injunction – is the remedy issued when a violation of Section 337 is found by the International Trade … Continue reading this entry

Important Decisions on the Scope of the ITC's Authority

In the latter half of 2015, the Federal Circuit in Suprema v. ITC and ClearCorrect v. ITC issued two decisions addressing the scope of the International Trade Commission’s (“ITC”) authority to exclude infringing articles.  In Suprema v. ITC (2012-1170) (en banc), the Federal Circuit ruled that the ITC’s authority included the authority to address induced … Continue reading this entry