In 2015, the number of cases instituted by the U.S. International Trade Commission (ITC) reached its lowest point in five years. With just 36 cases instituted, some filers were hesitant to jump into an ITC case as they awaited key decisions from the Federal Circuit (Suprema v. ITC and ClearCorrect v. ITC) regarding the ITC's authority. Law360 reached to Finnegan attorney Smith R. Brittingham for his thoughts on the decline in ITC patent cases.
Brittingham doesn't think that those Federal Circuit cases had as much of an impact as some believe. He said, "I Think substantively those cases affected far fewer cases than people thing. What might have had an effect is the sense of uncertainty."
