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Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write that the recent decision by the Federal Circuit in Kyocera Wireless Corp. v. Int'l Trade Comm'n changed the accepted wisdom regarding the commission's power to issue broad injunctive relief excluding infringing articles from importation into the United States. Although the decision's full ramifications are not readily apparent from its holding, the most significant effect has been the commission's reevaluation of its previously established analytical framework and requirements for awarding remedies. Thus, effectively managing litigations in the ITC will require an understanding of the ramifications of Kyocera and the ability to craft litigation strategies for responding to this changed - and still very unpredictable - landscape.
March 25, 2009 at 12:00 AM
1 minute read
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