‘Renewed interest’: firms bulk up ITC expertise as work increases

Jessica Hill was quoted in a Managing Intellectual Property article examining the renewed interest in International Trade Commission (ITC) proceedings and how law firms are expanding their ITC practices amid increased filings. The article explores why the ITC is becoming a more attractive venue for patent owners, highlighting its speed, predictability, and ability to block the importation of infringing products under Section 337.

Jessica commented on the ITC’s role as a powerful commercial tool, noting that while district court litigation often focuses on securing damages, ITC investigations are aimed at cutting off sales of infringing products and creating settlement pressure. She also discussed how the growing importance of import-based infringement disputes is affecting mergers and acquisitions, particularly where the risk of exclusion orders can influence valuation, deal terms, and whether a transaction proceeds.