In the ITC: the public interest factors — newest patent troll countermeasure?

The International Trade Commission (ITC) opened its doors to non-practicing entities (NPEs) with its decision in Certain Coaxial Cable Connectors and Components Thereof, Inv. No. 337-TA-650, holding that the domestic industry requirement can be satisfied by licensing activities. Previously, this requirement had been a barrier to entry deterring NPEs from filing patent infringement suits in the ITC.

Before Coaxial Cable, ITC cases typically were company versus company disputes. Since Coaxial Cable, NPEs have regularly filed patent infringement suits in the ITC, often naming all major industry players as respondents in the same complaint. That tactic benefits the NPE and, notably, has become a rarity in federal district courts (but not the ITC) in light of the joinder rules of the America Invents Act.

These developments have caused uproar among companies that NPEs frequently target. To them, it seems antithetical to the ITC’s very purpose that an entity that makes no products can obtain an order excluding billions of dollars’ worth of popular products such as smartphones and flat-panel TVs from entering the US…

If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

3 Noble Street
London
EC2V 7EE
UK
http://www.dlapiper.com

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 625 (International 50)

Jobs