les Nouvelles - March 2007

Moving Forward With Section 337

Dennis Fernandez

Managing Partner, Fernandez & Associates, LLP, Menlo Park, CA, USA

Hogene Choice

Fernandez & Associates, LLP, Menlo Park, CA, USA

Section 337 is one of the most powerful weapons that a U.S. patent-holder can wield against patent-infringing imports. Section 337 investigations can be initiated at the U.S. International Trade Commission (ITC) for all patent infringing activities involving importation. For situations involving infringing imports, the ITC is a more efficient and effective forum than the U.S. District Court system. The Patent Act of 2005, which was enacted to quash patent squatting, promises to make the District Court system an even less inviting forum for patent holders to defend their rights.

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