• Will the ITC Give Patent Trolls Injunctions Not Available From Federal Courts?
  • May 6, 2010 | Authors: Mark L. Hogge; Shailendra K. Maheshwari
  • Law Firm: Greenberg Traurig, LLP - Washington Office
  • That is the central question now being determined by the ITC. Since Ebay, nonpracticing entities (NPEs, or “patent trolls”) have not had the injunction leverage for their shake downs that they had prior to Ebay. Until now, it was widely believed that patent trolls did not have access to ITC proceedings because they could not meet the domestic industry requirement for a Section 337 action, i.e., their corporate shell/shake down modus operandi was not considered a protectable domestic industry. However, the recent opinion by the Commission in Certain Coaxial Cable Connectors, Investigation No. 337-TA-650, might just have opened the doors of the ITC to the trolls.