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IPR Goes Forward Despite Late Stage Parallel ITC Investigation

IPR Goes Forward Despite Late Stage Parallel ITC Investigation

by Vishal Khatri | Oct 2, 2019 | ITC News, Trends

In a recent decision, the PTAB decided to institute an IPR despite that fact that a parallel ITC investigation was in its late stages. They reasoned that since ITC decisions are not binding on other forums, the ITC determination would not be enforceable as to the USPTO, and would not result in the cancellation of patent claims.

ITC’s Trademark Decisions Are Not Entitled To Preclusive Effect

ITC’s Trademark Decisions Are Not Entitled To Preclusive Effect

by Blaney Harper | May 16, 2019 | Trademarks, Trends

Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademarks are not entitled to preclusive effect. 

ITC Provides a Way to Work Around IPR Estoppel

ITC Provides a Way to Work Around IPR Estoppel

by David Maiorana | Oct 31, 2018 | Discovery, Trends

The ITC recently ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed to raise them in a previously filed IPR, the Office of Unfair Imports Investigations Staff can raise those very same challenges during an ITC investigation.

Don’t Wait For Service Under the Federal Rules – Go to the ITC

Don’t Wait For Service Under the Federal Rules – Go to the ITC

by Blaney Harper | Jun 15, 2018 | Commission Rules, Discovery, Trends

Parties considering whether to pursue litigation in a district court or the ITC should know that service against a foreign respondent is easier at the ITC.

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

by Blaney Harper | May 17, 2018 | 100 Day Pilot Program, Trends

Normally, the FDA monitors the improper distribution of drugs, but the ITC might also enter the fray if complainants can demonstrate injury.

General Exclusion Orders: Enjoin Everyone

General Exclusion Orders: Enjoin Everyone

by Vishal Khatri | May 11, 2018 | Remedies, Trends

While the ITC rarely issues general exclusion orders, two recent cases illustrate the importance of seeking such relief in appropriate circumstances.

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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.