ITC v. PTAB: Is Winning in IPR Enough to Avoid an ITC Exclusion Order?

Posted by Stuart Duncan Smith on Aug 30, 2017

Stuart Duncan Smith

Parties accused of patent infringement often turn to IPRs to invalidate the asserted patents, and winning in an IPR can mean relief from whatever remedy would be imposed as a consequence of a finding of infringement. That strategy came under examination in a recent decision from the International Trade Commission (ITC), which declined to get rid of an exclusion order (i.e., an injunction) even after the PTAB found the infringed claims unpatentable. That does not mean, however, that the party found to infringe is without options.

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Topics: ITC

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