The Commission investigates unfair import practices including patent and trademark infringement. Remedies are exclusion orders and cease and desist orders rather than damages, and a domestic industry requirement applies.
Investigations resolve in roughly sixteen months.
Alternative Names:
Section 337|ITC Investigation
Why it Matters?
Speed and the exclusion remedy are the advantages, since investigations conclude in roughly sixteen months and an exclusion order bars importation regardless of eBay considerations that would limit a district court injunction. The domestic industry requirement is the principal defense, requiring significant domestic investment in exploiting the patent, which licensing entities satisfy only through substantial licensing activity.
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What are the advantages over district court?
What is the principal defense?
