Inside Counsel recently featured an article on how the International Trade Commission (ITC) has become an increasingly popular venue for IP disputes. Finnegan attorney Mareesa A. Frederick provided comments on some considerations to keep in mind when determining if the ITC is the appropriate venue for a case. Frederick suggested “to make sure you meet the domestic industry and importation requirements.” For the domestic industry requirements, you need to have “a substantial investment in plant and equipment, labor and employment and licensing.”
In speaking to the importance of advanced preparation for an ITC case, Frederick said, “prepare as much as you can before you file.” She also stated, “You should interview witnesses, collect documents and screen for privilege,” and “put forth information about the industry and the infringement into charts, doing full-scale discovery before you begin, and getting your technical experts on board early.”
