High Stakes Patent Litigation: The ITC vs. District Court

High Stakes Patent Litigation: The ITC vs. District Court

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Patent owners are increasingly considering more complex strategies when pursuing implementers who refuse to take a license, or sometimes even refuse to enter into serious licensing discussions. A series of domestic filings at the United States International Trade Commission (ITC), as well as a companion district court cases does considerably increase leverage. But more is being contemplated by some patent owners when stakes are particularly high.

Certain patent owners are resorting to a full court press that leverages a variety of jurisdictions, including those less sympathetic, if not openly hostile, to implementers’ charges of patent holdup. For example, German courts have in telecommunications cases dealing with standard essential patents required implementers to declare their willingness to engage in good faith negotiations and accept a fair, reasonable and non-discriminatory license if offered. Thus, a multinational patent litigation strategy coupled with an ITC strategy is becoming appealing to some patent owners.

Materials*

LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach

ITC Must Enforce Standard-Essential Patents At The Border

Avoiding Unforced Tech DI Errors at the ITC

* A Note on Materials: We apply for MCLE, which requires substantive writing on the topic covered. The materials provided below, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeon-hole guest speakers in any way. They are hopefully informative, and the articles we select have to date always been sufficient to satisfy MCLE authorities.