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David Chun, Ken Herman and Diana Santos Examine The ITC as a Forum for Nonpracticing Entities in The NLJ

Practices: Intellectual Property, Intellectual Property Litigation, Copyright Infringement, ITC Proceedings / Section 337, Patent Litigation, Patent Trial & Appeal Board (PTAB) Proceedings, Trademark & Related IP Litigation, Trade Secrets

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New York-based intellectual property litigation partners David Chun and Ken Herman have written an article for The National Law Journal’s latest IP special report. “ITC Has Become A More Attractive Forum for Nonpracticing Entities” was published on May 9. The article examines recent complaint filings by nonpracticing entities (NPEs) in the International Trade Commission (ITC) and delves into what an NPE must demonstrate to have standing.

The authors write, “The ITC analyzes the domestic-industry requirement for an NPE in two parts: an economic prong that requires ‘substantial investment’ and a technical prong that requires ‘sufficient nexus’ between the ‘exploitation’ activities and the asserted patent(s).” They continue, “The economic prong in connection with NPEs is examined in this article.” To read the full article, please click here.

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In June 2010, the firm won Chambers USA’s 2010 "Award for Excellence" as the leading practice in the United States for intellectual property, and The International Who's Who of Patent Lawyers has named five Ropes & Gray partners to its distinguished list for 2010. Two other surveys by Managing IP and Asia IP recently ranked Ropes & Gray’s IP practices among the best in the world. The firm was also ranked in the first tier nationally for intellectual property in the U.S. News-Best Lawyers “Best Law Firms” survey released in September 2010.

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