Creating Enforcement Leverage: The ITC Advantage *

Creating Enforcement Leverage: The ITC Advantage *

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Patent owners are increasingly considering more complex strategies when pursuing implementers. While traditional approaches often include domestic filings at the United States International Trade Commission (ITC), companion district court case or multi-district filings do considerably increase leverage. Some patent owners also increasingly pursue a worldwide enforcement campaign when stakes are particularly high. Resorting to a full-court press that leverages the speed of the ITC together with a variety of other jurisdictions and fora can significantly influence the outcomes.

This panel will discuss how patent owners can and should be using the ITC as part of a high-stakes enforcement strategy, and what respondents can and should do in response.

Materials

Opening Moves in the ITC: Strategic Considerations for Pre-Institution Filings in Section 337 Investigations