Image credit: Bill Perry
R Sheet on ITC Patent Reforms
- 1) The ITC’s power to block unfairly traded imports has made the agency a popular venue for patent complaints.
- 2) However, most ITC investigations merely supplement an existing federal lawsuit between the same parties, which imposes a second layer of liability and legal costs.
- 3) The ITC’s patent powers have diminished the role of Article III judges while enabling forum shopping, patent holdup and abusive litigation.
- 4) Congress can alleviate these problems by updating the ITC’s statute to better align its practices and remedies with courts.
- 5) Congress should scale back the ITC’s redundant jurisdiction to eliminate unnecessary litigation and protect patent rights against foreign infringers.