How trolls can circumvent eBay
01 October 2008
The Supreme Court's eBay decision made it harder for patent trolls to obtain injunctions. Bas de Blank and Fabio Marino explain why the ITC may give them an escape route
While patent owners who do not practise their own patents – the so-called patent trolls – have traditionally shied away from litigation before the US International Trade Commission (ITC), the increasing difficulty in obtaining injunctions in district court in the wake of the Supreme Court's eBay decision may ultimately lead patent trolls to turn to the ITC to seek that remedy....
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