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Easier to get injunction at ITC than at district court

By Lawrence B. Ebert, Esq.

The 271blog discusses a paper by COLLEEN V. CHIEN titled: Patently Protectionist? An Empirical Analysis of Patent Cases at the International Trade Commission.

Chien notes:

ITC cases involve domestic defendants as often as they do foreigners, and often in combination. Thus, plaintiffs are using the ITC to prosecute not only foreign companies, but US companies as well. When cases were adjudicated, plaintiffs were more likely to win in the ITC than in district court. However, when cases filed in both venues were compared, the difference disappeared, cutting against claims of an anti-defendant bias. The data provide some support for the third contention, however. There is a high rate of parallel litigation between the ITC and district court, where the procedural and substantive law and remedies are different. ITC cases are decided in about half the time of district court, and they are more likely to lead to the award of an injunction.

Separately, the Lemley/Sampat article titled --Is the Patent Office a Rubber Stamp?-- remains on SSRN.

Full post as published by IPBiz on July 16, 2008 (boomark / email).