The U.S. International Trade Commission has become an increasingly popular forum for patent infringement actions involving imported goods, partly because of its unique in rem remedy that applies to the imported products themselves, rather than the specific companies named as respondents. The Federal Circuit's recent opinion in Kyocera v. USITC signifies an important change in that practice. In the Kyocera decision, the Federal Circuit held that, contrary to prior practice, the ITC could not issue a limited exclusion order that excludes third parties' products even though they contain an infringing product from a specific respondent found to have infringed.
This webinar discusses:
how the ITC operated prior to the Kyocera decision
why companies might have relied on exclusion orders covering third party downstream products
why the Federal Circuit decided that the ITC had no statutory authority to support its prior practice and
what the future holds in the post-Kyocera era, including whether parties can still get the same kind of relief
Time
1:00 p.m. - 1:45 p.m. EST
10:00 a.m. - 10:45 a.m. PST
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Webinar
May 9, 2024
Webinar
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