WASHINGTON, D.C., October 25, 2013 -- In the October 2013 issue of IP Today, Baker Botts L.L.P. lawyers Mark Whitaker and Kassity Liu suggest that IP owners need to “plan for future litigation” in the U.S. International Trade Commission (ITC) forum -- offensively and defensively -- by familiarizing themselves with the ITC’s procedural and substantive practices now.
To be sure, most patent litigation (as well as other IP disputes) still takes place in federal district court, Whitaker and Liu state. Nevertheless, companies should take a close look at the ITC before dismissing it as a viable alternative for resolving their patent disputes.
Under Section 337, the ITC can investigate and adjudicate generally any type of IP case (including misappropriation of trade secrets) that involves an element of importation.
The complete IP Today article by Whitaker and Liu is available here.
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