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In Law360, IP Litigators Examine Rare Decision by ITC to Tailor Its Remedy Over Public Interest Concerns

Practices: Intellectual Property, ITC Proceedings / Section 337, Patent Litigation, Patent Strategy, Administrative Litigation, Litigation, Intellectual Property Litigation, Life Sciences, Digital Health

Capital Insights.

In Law360, IP litigation partner Matt Rizzolo (Washington, D.C.) and senior attorney Rachael Bacha (New York) examine a recent U.S. International Trade Commission decision that illustrates the importance of the public interest factors in ITC investigations involving biotechnology and pharmaceutical companies.

Matt and Rachael explain that the ITC’s tailoring of its remedy in Certain Microfluidic Devices demonstrates the importance of public interest factors and their potential impact on the scope of an available exclusionary remedy issued by the ITC.

They note that potential ITC respondents should be armed to make arguments as to why public interest is an overriding concern in their particular case, while ITC complainants should be aware of this potential hurdle and be ready to argue that even if there are some public health or safety concerns, sufficient sources of alternative, non-infringing products exist in the marketplace.

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