Vedder Thinking | News Timothy Nitsch Discusses the ITC Early Decision Plan’s Effect on NPEs
Timothy M. Nitsch, a Vedder Price Associate and member of the firm’s Intellectual Property group, was quoted in the June 28 Law360 article, “ITC Early Decision Plan Will Make Life Tough for NPEs.”
The article examines the U.S. International Trade Commission’s (ITC) new program designed to identify the presence of a domestic industry in the early stages of patent cases. Under the new program, complaints that appear to be dispositive, according to the commission, will receive expedited fact finding and an abbreviated hearing, and any related issues will be required to be resolved within 100 days.
Mr. Nitsch opined, “The existence of a domestic industry is usually not determined until the end of the case, along with infringement and validity, so respondents can end up on the hook for major litigation costs even if the case should never have been before the ITC in the first place. Sometimes you win the battle but you lose the war. You can win the case and prove there was no domestic industry, but the financial burden can be substantial.”
For additional information, please contact Timothy Nitsch.