U.S. International Trade Commission Offers Potential Forum of Choice for Patent Litigants in SSL Industry

This article by Finnegan partner, Darren M. Jiron, discusses how an investigation by the ITC can prove to be the quickest way to reach an early resolution to patent disputes in the fast-moving LED lighting space.  The ITC can be an attractive forum for patent owners because of the length of proceedings, the ALJ’s extensive patent knowledge, the exclusion of the jury, the ability for broad reaching discovery, and the opportunity for securing injunctive relief in the form of an exclusion order, a cease-and-desist order, or both.  Mr. Jiron also summarizes the possible results of an ITC proceeding  including exclusion orders, cease-and desist orders, and how these high risk results can encourage the parties to seek early resolution to patent disputes - an attractive benefit to any SSL participant interested in expeditiously sorting out IP rights and moving forward in this promising field.