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Strength of the International Trade Commission as a Patent Venue

32 Pages Posted: 4 Mar 2011 Last revised: 25 May 2014

Christopher Anthony Cotropia

University of Richmond School of Law

Date Written: March 2, 2011

Abstract

The United States International Trade Commission ("ITC") is a relatively new player in patent enforcement. The ITC, an administrative agency, can exclude the importation of infringing products into the United States, and interest from patentees in obtaining such remedies has grown as of late. Yet, many practitioners and scholars postulate that the Federal Circuit's recent decision Kyocera Wireless Corp. v. International Trade Commission, which dramatically narrowed the scope of available ITC remedies, will significantly alter ITC practice and cause a decline in ITC filings.

This Article, by collecting data on ITC filings and parallel district court filings before and after Kyocera, makes a surprising finding. Conventional wisdom is wrong - patentees have not reacted to Kyocera in any of the ways predicted. The make-up of ITC cases has not changed, and the number of ITC filings continues to rise at a rapid pace. These findings do more than simply answer open questions regarding Kyocera - they speak volumes on the favorability of the ITC as a venue and its permanency in the patent enforcement landscape.

Keywords: Patent, International Trade Commission, Kyocera

Suggested Citation

Cotropia, Christopher Anthony, Strength of the International Trade Commission as a Patent Venue (March 2, 2011). Texas Intellectual Prfoperty Law Journal, Vol. 19, 2011. Available at SSRN: https://ssrn.com/abstract=1774881 or http://dx.doi.org/10.2139/ssrn.1774881

Christopher Anthony Cotropia (Contact Author)

University of Richmond School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States

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