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Federal Circuit Holds that ITC’s Trademark Decisions Are Not Binding on District Courts, Creating a Potential Circuit Split

The U.S. International Trade Commission, a quasi-judicial independent agency based in Washington, D.C., is a common forum for patent, trademark, and trade secret disputes. The Federal Circuit has long held that the ITC’s rulings on patent infringement and validity issues do not have preclusive effect on later district court proceedings.

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Rogers, McCabe outline strategies for defending against assertion of willful infringement

Time to Read: 1 minutes Practices: Intellectual Property

In the two-year period of 1999 - 2000, 92 percent of all plaintiffs suing for patent infringement sought damages for willful infringement. With that daunting statistic in mind, strategies for defending against willful infringement are an essential element in virtually any patent litigation. Larry Rogers, partner in the Fish & Neave IP Group of Ropes & Gray, outlined an essential strategy for such a defense in a recent presentation to in-house counsel and other patent practitioners. 

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