In a Law360 article, IP litigation partner Matt Rizzolo and associate Matthew Shapiro 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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