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Bylined Article (6 Pages)
Federal Circuit Provides Roadmap for Patent Actions at the ITC by Non-Practicing Entities (PDF-466kb)
Federal Circuit Provides Roadmap for Patent Actions at the ITC by Non-Practicing Entities (PDF-466kb)
Bylined Article
Federal Circuit Provides Roadmap for Patent Actions at the ITC by Non-Practicing Entities
Intellectual Property & Technology Law Journal
Authors:
Evan Finkel
A recent case decided by the Federal Circuit related to the "domestic industry" requirement for maintaining a patent infringement action at the International Trade Commission was not directed at non-practicing entities. However, the decision in John Mezzalingua Associates, Inc. v. International Trade Commission does have important implications as to NPEs that resort to district court litigation against a few test subjects to establish a "domestic industry" that might open the doorway at the ITC to sue dozens of companies.In this article, originally published in the February issue of the Intellectual Property & Technology Law Journal, Pillsbury Intellectual Property partner Evan Finkel discusses the broad takeaways from the Federal Circuit's opinion.
To read this publication in its entirety, click the link in the adjacent "Downloads" section.
