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
Intellectual Property & Technology Law Journal
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.
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