What is an ITC action?
An ITC Action is a
proceeding which takes place before the federal International Trade
Commission. In this proceeding, the owner of a patent is seeking to prevent someone else’s
product from being imported into the United States. This is because that
product was made by a process which is protected by the patent owner’s patent,
and the person trying to import the product is attempting to avoid patent infringement by using the patented process outside
of the United States. For example, if you own the patent on how to put a widget
together, but you do not own a patent for the actual widget itself, I might try
to get around your patent by having the widgets put together in China and then
imported into the country - if I did this, you could initiate an ITC action to
have the ITC prevent me from bringing my widgets into the U.S.
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Posted in: FAQ-PATENTS
