ANALYSIS: ITC Proceedings to Gain Traction in IP Enforcement

Enforcing intellectual property rights against foreign infringers has historically been a challenge. Elusive and often unknown parties operating abroad frustrate traditional litigation with due process, service, and jurisdictional thorns. Yet, litigation in federal district court remains the most common approach for IP holders seeking relief from foreign defendants, largely due to the availability of ex parte temporary restraining orders in plaintiff-friendly venues.

Next year, however, will see an increase in the number of complaints filed in another venue: the International Trade Commission. There are two main reasons for this: (1) broader applicability of the Tariff Act’s domestic industry requirement following ...