Sean DeBruine presented "Foreign Complainants, NPEs, FRAND and the ITC: What Are the Limits on the ITC's Jurisdiction?" on December 10, 2:45pm - 3:45pm, during this conference hosted by The University of Texas at Austin School of Law's Continuing Legal Education Program. The U.S. International Trade Commission is empowered to investigate patent infringement claims in order to protect "domestic industries" from unfair competition from imported goods. Its sole available remedies are injunctive exclusion and cease and desist orders. Yet the ITC has long accepted cases filed by foreign patent holders with minimal domestic operations. Recently, a growing number of non-practicing entities (NPEs) are filing in the ITC - relying on their licensing and litigation efforts, as are holders of patents subject to an obligation to license under Fair, Reasonable and Non-Discriminatory (FRAND) terms. This session discussed the "domestic industry" requirement and whether it imposes real limitations on the ITC's jurisdiction.
December 10-11, 2009
Four Seasons Hotel / Palo Alto, CA