ITC Ruling is Groundbreaking for IPRs in Investigations


09 Sep 2020

Mark Whitaker, Aaron Rauh, and Lily Li authored an article for Law360 covering the U.S. International Trade Commission’s (ITC) decision to fully suspend the enforcement of remedial orders in view of an earlier Patent Trial and Appeal Board (PTAB) decision holding all infringed claims unpatentable.

“Suspending enforcement means that the respondents’ products and conduct subject to the ITC’s remedial orders can continue unless the U.S. Court of Appeals for the Federal Circuit vacates or reverses the PTAB’s final written decision,” the authors wrote, adding that the decision has “important strategic implications for respondents considering whether and when to seek inter partes reviews on patents asserted at the ITC.”

Read the full article.



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