Out of the ITC in 100 Days

A few months ago, we explored ideas for defendants who wished to quickly dispense with lawsuits involving patents directed to patent ineligible subject matter like abstract ideas or laws of nature. With this edition, we turn to specialized strategies for defendants to fend off patent disputes involving these patents in the US International Trade Commission (ITC).

It is no secret that the ITC has seen an explosion in patent litigation in recent years. The ITC provides advantages over district courts that make it desirable for patentees, including an accelerated procedure for investigating complaints and unique remedies in the form of exclusion orders. Known as “Section 337” investigations, these proceedings at the ITC involve allegations that goods imported into the US constitute an unfair act such as infringing a US patent, trademark, or copyright (whether registered or common law). For those who find themselves defending an ITC investigation, the “100-day” program provides one possible route to quickly end investigations involving patents to ineligible subject matter under 35 U.S.C § 101.

Read "Out of the ITC in 100 Days"