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.

21 minute read May 26, 2005 at 04:35 PM

By

Peter J. Toren