Despite the ITC’s broad authority to address “unfair acts” under Section 337, the vast majority of cases at the ITC are limited to patent infringement. This presentation explores the types of non-patent cases that can be brought at the ITC. First, we will review how non-patent claims differ at the ITC from traditional patent-based cases, including non-statutory cases brought under Section 337(a)(1)(A) . Second, we will review recent developments in case law, with a focus on strategies for obtaining meaningful exclusion orders against competitors.
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