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Expert Analysis

Why ITC Is A Good Place To Adjudicate SEP-Based Patents

Law360, New York ( July 23, 2013, 12:53 PM EDT) -- Interest in patent cases — particularly those involving standard-essential patents — at the U.S. International Trade Commission has increased lately, especially in light of recent attention from the White House and Congress. Critics have argued that the ITC is an inappropriate forum for adjudication of patent suits involving FRAND-encumbered SEPs (required by their owner to be offered to willing licensees on fair, reasonable and nondiscriminatory terms) because it has the authority to issue only import and sales bans — injunctions — and not monetary damages....

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