Friday, March 8, 2013

12. Prevent production, or prevent sales

The ITC differs from the US Federal Courts when it comes to patent litigation because of the different options of actions that they can take. Specifically, Federal Courts impose a more direct method to compensate the victim. It can come in the form of compensations, injunctions, ban of production or sales. The ITC then comes in when the international component is involved; when products are sold overseas. The ITC can ban imports, causing products to not exist in the US, which then prevents sales in the US. The ITC serves as an alternative form of addressing infringement, and is mainly used because of its efficiency. In the case of Apple vs Samsung, Samsung has tried hard to fight Apple with its patents in federal courts, but have lost battles for almost a dozen of its patents. It is also trying to get an import ban against Apple as an alternative through the ITC because it will serve similar purpose, and is awaiting the decision. ITCs definitely do play a huge role in patent litigation, especially by having the authority to enact import bans, which is country-wide. Having an import ban is considered one of the most powerful protection that a company can have against another, with sales of a certain product not being allowed to exist in the local market. This makes the ITC a great alternative to approach regarding patents, especially with their efficiency compared to Federal Courts.

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