United States:
SEPs At The ITC: Guidance From Recent Decision
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In a newly issued statement, the U.S. International Trade
Commission once again made it clear that standard-essential patents
may be asserted at the ITC and will be treated no differently than
other patents asserted in a Section 337 investigation. Issues of
standard essentiality will be addressed – under
commission's statutory obligation to assess an exclusion
order's impact on the public interest – only after it has
been determined that a violation of the statute has occurred. Such
issues, therefore, are not appropriate for resolution through the
ITC's Early Disposition Pilot Program.
Read more on the team's insights into the
SEPs at the ITC issue in this Law 360 article
(republished with permission).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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