There's No Delaying The International Trade Commission
Law360, New York ( March 21, 2016, 11:44 AM EDT) -- Denials of requests for stays are the subject of two recent orders in Section 337 investigations before the U.S. International Trade Commission, including a request based on the pendency of an inter partes review proceeding before the U.S. Patent and Trademark Office. Consistent with the ITC's mandate to complete investigations expeditiously, these orders follow a long line of precedent that only permits a delay in adjudication in the most limited circumstances. Unlike in district courts — which now routinely grant stays in view of post-grant proceedings — the ITC's aversion to stays should make it the venue of choice for those seeking to vindicate their intellectual property rights without a serious risk that the proceedings will be shelved or delayed through legal maneuvering by accused parties....
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