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The Advantages of Litigating Patent Infringement Lawsuits in the ITC
Many American companies have become increasingly frustrated at what they perceive as the lack of respect for intellectual property rights by foreign countries. While this situation is likely to improve with time as countries such as China and India realize that the protection of intellectual property rights can be an engine for growth, in the short run, U.S. companies should consider whether they are doing enough to prevent the importation of products that were manufactured overseas and that may infringe U.S. patents. Most IP practitioners are certainly aware that U.S. patent owners may sue a foreign manufacturer in federal district court in the United States for patent infringement and can seek damages and an injunction against the further importation of the infringing products. Many IP practitioners may not be familiar, however, with Section 337 investigations that are conducted by the International Trade Commission (“ITC”). This avenue provides a relatively quick remedy against foreign infringers and may offer significant advantages over traditional litigation in federal court.
Before turning to the respective advantages and disadvantages of filing a complaint with the ITC as compared with federal district court, it is important to have a basic understanding of an ITC action. In order to commence an ITC action, a party generally files a complaint with the ITC, which is a quasi-judicial agency created by Congress to monitor and curtail unfair international trade practices. The ITC then determines whether the request meets the basic criteria for an ITC action and, if it does, the Commission assigns an Administrative Law Judge (“ALJ”) to the matter. The ALJ sets the procedural schedule, resolves discovery disputes and conducts a formal hearing on the merits of the investigation in conformity with the requirements of the Administrative Procedures Act. The ITC also assigns an investigative attorney from the Office of Unfair Import Investigation (“OUII”) whose primary function is to represent the public interest in the investigation. After the hearing, the ALJ issues an Initial Determination that is forwarded to the Commission to review and either adopt, modify or revise.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.