Affirmative Defenses in Section 337 ITC Patent Infringement Proceedings
Affirmative defenses are an important part of ITC proceedings. Unlike counterclaims, which are immediately removed to a federal court, affirmative defenses enable the respondents to win their case before the ITC. Importantly, defendants’ failure to assert affirmative defenses results in a judgment in favor of the plaintiff.
Relying on the analysis of more than five hundred ITC investigations, this article explains what affirmative defenses are available in ITC proceedings, what defenses are more successful and are easier to prove, and what strategies parties can use to improve their chances of winning.
Intellectual Property Law
Date of this Version
Natalie Prescott, "Affirmative Defenses in Section 337 ITC Patent Infringement Proceedings" (January 29, 2006). bepress Legal Series. bepress Legal Series.Working Paper 923.