The U.S. International Trade Commission (ITC) frequently oversees cases where parties allege foreign imports infringe upon U.S. intellectual property rights. One method the ITC allows to resolve these infringement allegations is consent orders. Consent orders settle an investigation without a Commission decision or admission by a respondent that infringement has been committed. Although a respondent may be tempted to use a consent order to avoid having to litigate in the ITC, there are risks associated with consent orders that respondents must be aware of before taking advantage of that procedure. Finnegan attorneys Christine E. Lehman, Smith R. Brittingham and Anthony D. Del Monaco discuss the nature of consent orders at the ITC, their advantages, and hidden risks.
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