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January 14, 2013

ITC Clash

The lawlessness of the CAFC continues. Before the ITC, InterDigital, an American company, managed to outmaneuver Nokia, a Finnish company, from importing products. Chief Judge Rader led a pack of nine in spouting nonsense in defense of domestic corporatism. Only Judge Newman had her wits about her. "InterDigital does not manufacture the patented invention in the United States, and no domestic industry produces the items for which exclusion is sought. The license that InterDigital seeks to impose on Nokia, on threat of exclusion of importation, is not a license to manufacture any patented product in the United States; it is a license to import products made in foreign countries. The panel majority errs in holding that Congress intended to authorize access to the ITC exclusion remedy in such circumstances. That is not the purpose of the "licensing" amendment to Section 337 of the Tariff Act. The panel majority erred in holding that the domestic industry requirement is met by licensing the importation of foreign-made products." (CAFC 2010-1093)

Posted by Patent Hawk at January 14, 2013 1:18 AM | ITC