The International Trade Commission’s recently issued decision to ban HTC smart phones from being imported to the U.S. as a result of the HTC Android operating system infringing one of Apple’s patents. What is interesting is that the discussion surrounding this matter hasn’t been about whether or not there was any patent infringement, but rather the focus has been on the impact of banning HTC smart phones as the means of remedying the patent infringement.
Dennis Crouch, of Patently-O, provides a great summary on the ITC’s role in patent infringement cases and how it’s power to grant injunctive relief compares with that of the federal courts. Here is an excerpt from Crouch’s summary entitled, “Injunctive Relief and the Public Interest at the ITC”:
In federal court litigation, a court can only award injunctive relief after considering the four equitable factors outlined in eBay v. MercExchange. The ITC is not bound by eBay, but is required to consider the impact that an injunction (or “exclusion order”) would have on competition and consumers. Interestingly, the ITC order follows a recentNYTimes editorial, by Professors Mark Lemley and Colleen Chien who argued for delay in exclusion orders in order to serve the public interest.
Click here to read the article in full on PatentlyO.com.
Tags: Apple, dennis crouch, HTC, ITC, Patentlyo
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