Patent Troll Success With Exclusion Orders Will Be Tested
June 12, 2013
NPEs that filed lawsuits with the International Trade Commission have been able to obtain exclusion orders to keep allegedly infringing products from entering the United States. But a rule change at the ITC creates the possibility for an administrative law judge to negate exclusion orders before they go into effect on “public interest” grounds. This year will be a test, the writer says. How that rule is applied “may determine whether NPEs will become permanent fixtures at the ITC or will be treated as guests who have overstayed their welcome.”
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