scholarly journals International Trade Commission Exclusion Orders for the Infringement of Standard-Essential Patents

2016 ◽  
Author(s):  
J. Gregory Sidak
Keyword(s):  
International Trade ◽  
International Trade Commission ◽  
Standard Essential Patents

scholarly journals International Trade Commission Exclusion Orders for the Infringement of Standard-Essential Patents

2018 ◽  
Author(s):  
Gregory Sidak
Keyword(s):  
United States ◽  
International Trade ◽  
Trade Policy ◽  
The United States ◽  
Patent Infringement ◽  
International Trade Commission ◽  
Patent Holder ◽  
Standard Essential Patents ◽  
Section 337 ◽  
The U.S

In the United States, a patent holder can pursue several remedies against a patent infringer. Section 284 of the Patent Act provides that, upon a finding of infringement, “the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty . . . .” In addition, § 283 provides that a court “may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent.” Section 337 of the Tariff Act of 1930 also allows a patent holder to petition the U.S. International Trade Commission (ITC)—a federal agency that investigates matters of international trade and advises on international trade policy— to issue an exclusion order against an infringer, a remedy that denies the importation and sale in the United States of products that infringe a valid and enforceable U.S. patent.3 In a case of patent infringement, a patent holder may thus seek damages for the infringement, an injunction, and an exclusion order.

scholarly journals Kinik: Raising the stakes for importing products derived from US patented processes practised abroad

2005 ◽  
Vol 11 (4) ◽  
Author(s):  
Scott B Familant
Keyword(s):  
International Trade ◽  
International Trade Commission ◽  
The Us ◽  
The Impact

This paper analyses the recent ruling in Kinik Co. v. Int'l Trade Comm'n, 362 F.3d 1359 (Fed. Cir. 2004), and the impact that decision may have on proceedings before the US International Trade Commission under the Tariff Act of 1930 (19 USC §1337(a)) – particularly those concerning the importation of products derived from practising US patented processes abroad.

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