Sliding doors at the ITC: Is direct infringement of method claims a basis for relief?
In recent years, the ITC and Federal Circuit slowly closed the door on the assertion of method claims at the ITC. The Suprema decision reversed the trend, but may have opened the door wide enough for direct infringement claims to again pass through, argue John Haynes and Adam D Swain
The International Trade Commission (ITC) has become a
preferred forum for the enforcement of patent rights in the
United States because it offers patent holders the opportunity
to prevent infringers from importing infringing goods into the
United States. The ITC, however, has struggled with how to
treat method claims under its statutory mandate to exclude
"articles that infringe"....
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