Trade Agency Says Patent Office Takes Lead on Patent Validity

Suspending an import ban on drones after a patent office tribunal found the infringed patent claims invalid recognizes the office’s role as the “lead agency” in deciding patent validity, the U.S. International Trade Commission said.

The ITC on Tuesday made public an opinion that explains the thinking behind its decision last month to suspend an exclusion order against China’s SZ DJI Technology Co. Ltd. until an appeals court can review the Patent Trial and Appeal Board’s finding that claims in the patent are invalid.

While this marked the first time the ITC has fully suspended an exclusion order based on ...