Of Interest: The International Trade Commission (ITC) serves the public by implementing U.S. law and contributing to the development of sound and informed U.S. trade policy. If infringing goods are being imported into the U.S. the ITC is a possible
There are different strategies a patent holder can use against an infringer. Normally some sort of "cease and desist" letter is sent out and after some level of negotiations the parties come to terms and life goes on. However if the patent holder cannot come to terms with the infringer then the patent holder, with advice of counsel, must decide upon a legal strategy. Possible legal strategies include taking the matter to a State or Federal court. Increasingly a number of patent holders are taking the matter to the U.S. International Trade Commission (ITC).
Thomas Martin, a patent attorney with Baker Botts, wrote this excellent, but legally technical, article on some of the advantages and disadvantages of taking a matter to the ITC. If you are a patent holder and your patent is being infringed upon take the time to read this article. It is not very long and if you have any questions don't hesitate to give me a call.
Leave a Reply.