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Patent Strategy & Management

October 2008

A Review of the ITC and the Recent Increase In Filings

By Rel S. Ambrozy and Matthew T. Bailey

Practitioners before the International Trade Commission have noted a substantial increase in the number of filings and Section 337 investigations over the last several years. In addition to providing possible reasons for that substantial increase, this article provides an overview of IP-related investigations at the ITC, and explores the success rate of the complainants over the respondents in the ITC. Finally, this article considers whether the ITC will be "a victim of its own success," following the pattern of the Eastern District of Texas and the Eastern District of Virginia.

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