In the article “Recent Threats To An Important Remedy for U.S. Patent Owners,” Knobbe Martens litigation group chair Sheila Swaroop wrote about the potential impact of legislation aimed at curbing the enforcement powers of the International Trade Commission (ITC).
Swaroop maintains that while patent enforcement is often the result of federal court litigation, the ITC offers “another, powerful enforcement option if the infringer is importing products.” However, she explains, the ITC is under threat by “legislative efforts that would make it more difficult for U.S. patent owners to bring an ITC action.”
Swaroop analyzes the proposed Advancing America’s Interest Act, explaining that supporters of the bill believe the legislation could prevent misuse of the ITC by patent licensing entities. However, she writes, that concern “is inconsistent with the ITC’s statistics, which show that patent licensing entities account for less than 20% of the ITC’s complaints.” Swaroop adds that the proposed legislation “would impact ITC investigations for all U.S. patent owners, not just patent licensing entities, and could change the rules for any U.S. patent owner seeking relief at the ITC.”
Concluding the article, Swaroop writes, “The ongoing efforts to change the ITC’s rules would diminish the ability of U.S. patent owners to seek an important remedy for protecting their innovations.”
Read the full article here.
