Patent Laws And Regulations 2022

1. Patent Enforcement

1.1        Before what tribunals can a patent be enforced against an infringer? Is there a choice between tribunals and what would influence a claimant's choice?

Patent owners can bring actions in U.S. federal district Courts, or at the U.S. International Trade Commission (ITC), or both.  District Courts offer money damage and injunctive relief, whereas the ITC offers exclusion orders and cease and desist orders against importation and further sale of infringing products. 

At the ITC, cases are often tried within a year of the filing of the complaint, and are usually completed in less than 18 months.  In the U.S. district Courts, the time to trial can be over a year, or several years, after the complaint.  In some districts, such as the Western District of Texas, trial dates are generally scheduled earlier on average than other districts.