Part One of this series discussed why the International Trade Commission (ITC) has become an increasingly popular forum for patent litigation and addressed two basic technical requirements that must be met to institute an action there: the infringing product must be imported into the U.S and your company must have a domestic industry with respect to the patented technology. Part Two will help you consider whether your business can tolerate the demanding schedule of an ITC investigation and will discuss the challenge of enforcing an order if you prevail.
Can your business tolerate an ITC investigation?
Can you enforce your order?
While a company with a significant U.S. presence may be more likely to abide by an exclusion or cease-and-desist order, a prevailing complainant must always be diligent in ensuring compliance. When deciding whether to pursue claims of infringement in the ITC, the time and cost associated with enforcing the order must be taken into account.