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In a Rare Move, ITC Applies Public Interest Factors to Exempt Research-Related Microfluidic Devices from Exclusion Order

The U.S. International Trade Commission (“ITC”) has become a popular venue for patent infringement actions, as it provides for fast and powerful exclusionary remedies against infringers in the form of exclusion and cease-and-desist orders, through which the ITC can bar importation of infringing products into the United States. Importantly, the ITC does not apply the equitable “eBay factors” before issuing such relief—instead, it must consider the so-called “public interest factors”: the effect of the orders upon (1) the public health and welfare, (2) competitive conditions in the United States economy, (3) the production of like or directly competitive articles in the United States, and (4) United States consumers.

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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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