Joseph Lanser and Danielle Bochneak's Article Featured in Bloomberg Law Report - Intellectual Property
"The International Trade Commission: A Bastion for the Strategic Patentee"

Joseph Lanser and Danielle Bochneak's article, "The International Trade Commission: A Bastion for the Strategic Patentee," was featured in the March 2, 2009 issue of Bloomberg Law Report - Intellectual Property. In their article, the authors examine the International Trade Commission (ITC) and how it has long been an avenue for patentees seeking quick resolutions to disputes involving infringing products imported abroad. According to Joe and Danielle, "Recent Supreme Court and Federal Circuit cases, however, have made this forum even more attractive to patentees compared to federal courts and, therefore, have the potential to significantly increase the number of companies involved in investigations before the ITC."

Their article focuses on the U.S. Supreme Court's recent decisions in eBay v. MercExchange, and KSR International Co. v. Teleflex. The attorneys note that both decisions have created a less auspicious atmosphere for patentees in federal courts. They also discuss the Federal Circuit's recent holding in Kyocera v. International Trade Commission, which "now requires that patentees seeking broad exclusion orders in the ITC to bring claims against all known direct and downstream infringers." Joe and Danielle conclude that "these decisions, combined with the characteristics of speed, in rem jurisdiction, issuance of exclusion orders, and generally favorable validity determinations, promise to increase the ITC's patent infringement caseload."