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In Law360, IP Litigators Analyze Potential Benefits of Attorney Fee-Shifting at the ITC

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

In a Law360 article, article, IP litigation partner Matt Rizzolo and associates Matthew Shapiro and Brendan McLaughlin examined the potential benefits of allowing litigants to seek attorneys’ fees at the U.S. International Trade Commission—an independent, quasi-judicial executive agency.

The authors note that a fee-shifting provision that mirrors the one already present in the Patent Act related to district court litigation Title 35 of the U.S. Code, Section 287 may also address the same concerns that prompted the introduction of various ITC-related legislation, including reducing the number nonpracticing entity complaints and helping the commission achieve its goal of expeditiously resolving Section 337 investigations.

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