Patent Trolls Hiding in the Intl. Trade Commission?

March 2012Maryland Bar Bulletin, March 2012

Patent holding companies that do not make products (but assert their patents against companies that do) are commonly referred to as “patent trolls” and also, less pejoratively, as “non-practicing entities” and, more recently, as “patent aggregators.”

Patent trolls typically sought relief for infringement in federal district courts, but are now becoming much more interested in asserting their patent rights in the only other forum available to United States patent owners – the International Trade Commission (ITC). But is the ITC a favorable forum for trolls or not?

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