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