​​Patently Strategic - Patent Strategy for Startups

Keeping Patent Pirates at Bay: ITC Portfolio Proofing Strategies


Listen Later

For inventors, the promise of the patent system is the right to exclude others from making, using, importing, and selling their patented innovations for a limited period. But how do patent holders actually enforce those rights, particularly when the copycat product is being manufactured outside of domestic jurisdiction? In an otherwise challenging time for rights assertion, the ITC – or International Trade Commission – can be one of the most impactful long-range weapons an inventor has in their arsenal for stopping patent pirates.

The ITC has the authority to grant exclusion orders, which are enforced by U.S. Customs and Border Protection to block the importation of infringing products at U.S. ports of entry.

But how can you access the ITC, what are its requirements, how can you afford it, and what should you be thinking about now to help future proof your patent portfolio for the most effective use later at the ITC? We’re answering all of these questions in an episode that is part of our ongoing series on patent quality – aimed at not just getting a granted patent but in having one that will hopefully be valuable and stand the test of time.

** Guest Host: Evan Langdon **

Because experience is the best teacher, we’ve enlisted the help of Evan Langdon to guest host this month’s episode. Evan is a partner at Fabricant LLP and the Chair of its ITC practice. Evan has been focused on ITC litigation for the past 15 years, both offensively and defensively, having represented clients in more than thirty Section 337 cases at the ITC. Evan is recognized among the nation’s top ITC practitioners by Chambers USA and Chambers Global.

** Episode Overview **

⦿ What is the ITC and what are its advantages over court-based litigation to stop infringers?
⦿ Requirements for filing an ITC Action
⦿ Litigation financing options for the ITC
⦿ Offensive and defensive strategies at the ITC
⦿ Patent drafting and portfolio strategy tips for increasing your odds at the ITC
⦿ Masimo v. Apple and the ITC's import ban of the Apple Watch
⦿ The recent Lashify case and what it means for the domestic industry requirement

** Discussed Links **

⦿ Quality Patents Part 1: https://www.aurorapatents.com/blog/quality-patents
⦿ Quality Patents Part 2: https://www.aurorapatents.com/blog/ptab-survival-guide
⦿ Quality Patents Part 3: https://www.aurorapatents.com/blog/continuation-practice
⦿ Patent Anatomy: https://www.aurorapatents.com/blog/new-podcast-patent-anatomy
⦿ RESTORE Act: https://www.aurorapatents.com/blog/restoring-injunctive-relief

** Follow Aurora Patents **

⦿ Home: https://www.aurorapatents.com/
⦿ Twitter: https://twitter.com/AuroraPatents
⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/
⦿ Facebook: https://www.facebook.com/aurorapatents/
⦿ Instagram: https://www.instagram.com/aurorapatents/
⦿ TikTok: https://www.tiktok.com/@aurorapatents
⦿ YouTube: https://www.yout

Let us know what you think about this episode!

...more
View all episodesView all episodes
Download on the App Store

​​Patently Strategic - Patent Strategy for StartupsBy Aurora Patent Consulting | Ashley Sloat, Ph.D.

  • 5
  • 5
  • 5
  • 5
  • 5

5

9 ratings


More shows like ​​Patently Strategic - Patent Strategy for Startups

View all
HBR IdeaCast by Harvard Business Review

HBR IdeaCast

242 Listeners

WSJ Your Money Briefing by The Wall Street Journal

WSJ Your Money Briefing

1,751 Listeners

Planet Money by NPR

Planet Money

30,846 Listeners

The Joe Rogan Experience by Joe Rogan

The Joe Rogan Experience

223,832 Listeners

Patent Bar MPEP Q & A Podcast by Lisa Parmley, USPTO Patent Practitioner #51006

Patent Bar MPEP Q & A Podcast

12 Listeners

Pod Save America by Crooked Media

Pod Save America

86,220 Listeners

The Daily by The New York Times

The Daily

111,334 Listeners

The Readout Loud by STAT

The Readout Loud

313 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,741 Listeners

AUTM on the Air by AUTM

AUTM on the Air

10 Listeners

Ask Lisa: The Psychology of Parenting by Dr. Lisa Damour/Good Trouble Productions

Ask Lisa: The Psychology of Parenting

139 Listeners

The Jefferson Fisher Podcast by Civility Media

The Jefferson Fisher Podcast

7,552 Listeners