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In Law360, IP Litigators Examine Bill Curtailing Patent Troll Lawsuits at ITC

Practices: Intellectual Property, Intellectual Property Litigation, ITC Proceedings / Section 337, Patent Strategy, Litigation, Administrative Litigation

In a Law360 article, IP litigation partner Matt Rizzolo and associate Brendan McLaughlin (both of Washington, D.C.) examine a recently introduced bipartisan bill that could, if enacted, significantly affect intellectual property rights, licensing negotiations and international trade. 

The Advancing America's Interests Act would amend Section 337 of the U.S. Tariff Act, which is the enabling statute of the U.S. International Trade Commission, a quasi-judicial federal agency in Washington, D.C., with broad investigative powers on matters of trade.  

The authors explain that the proposed AAIA bill would prohibit nearly all non-practicing entities (NPEs) from bringing patent infringement claims in the ITC, as it would curtail NPEs’ ability to rely upon their licensees' activities – as opposed to their own – to satisfy that ITC’s unique “domestic industry” requirement. 

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