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ARTICLE · 08 APRIL 2011

Intellectual Property Adviser - April 2011

Goodwin Procter LLP
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Unlike patent litigations in federal district court, Section 337 investigations at the International Trade Commission ("ITC") typically have included attorneys from the Office of Unfair Import Investigations ("the Staff") litigating as an independent third party to represent the public interest.

United StatesIntellectual Property
Charles Sanders
Charles Sanders
Paul Davis
Paul Davis
John Hanish
John Hanish
Benjamin Keller
Benjamin Keller
Adam Wichman
Adam Wichman

In this issue:

  1. Will ITC Staffing Changes Make Future Section 337 Litigation More Like Federal Court?
  2. Bankruptcy's Effect on Patent Licenses and Drafting Strategies That Anticipate This Potential Event
  3. New USPTO Guidelines and the Obviousness Standard for Patents: Prosecution Strategies to Withstand Obviousness Rejections and Attacks on Patent Validity

WILL ITC STAFFING CHANGES MAKE FUTURE SECTION 337 LITIGATION MORE LIKE FEDERAL COURT?

by  Charles H. Sanders, Adam R. Wichman

Unlike patent litigations in federal district court, Section 337 investigations at the International Trade Commission ("ITC") typically have included attorneys from the Office of Unfair Import Investigations ("the Staff") litigating as an independent third party to represent the public interest. As Section 337 case loads mount and pressure on governmental budgets increase, the ITC is being forced to rethink the Staff's role, and the future may look more like federal district

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