On March 22, 2016, Representatives Tony Cárdenas (D-CA) and Blake Farenthold (R-TX) reintroduced the “Trade Protection Not Troll Protection Act” (H.R. 4829) (the “Act”), a modified version of proposed legislation originally submitted in 2014. The Act is intended to make it difficult for non-practicing entities (“NPEs”), often referred to as trolls or patent assertion entities, to obtain relief from the United States International Trade Commission (“ITC”) under 19 U.S.C. § 1337 (“Section 337”). The Act modifies Section 337 for the stated purpose of ensuring that the resources of the ITC “are focused on protecting genuine domestic industries.” To meet this goal, the Act modifies the domestic industry requirement, codifies the Commission’s 100-day pilot program, and permits termination of investigations based on the public interest alone. Read more on the Jones Day website.
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Vishal Khatri is an intellectual property lawyer with more than 15 years of experience representing clients in high stakes, bet-the-company patent litigation and procurement matters around the world. He routinely represents clients in matters before U.S. district courts, the United States International Trade Commission (ITC), and the United States Patent and Trademark Office (USPTO), including Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).