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ITC action to continue despite advancing USPTO reexamination

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • April 19 2012

With injunctions harder to come by, and some district courts staying proceedings upon the mere filing of a patent reexamination, it is not surprising that non-practicing entities (NPEs) have been heading to the ITC (and, in the process testing the domestic industry requirement