Law360 recently highlighted commentary from ITC Practice Co-chair Robert Vlasis in an article examining the rise in Section 337 investigations involving patents and other IP being litigated at the US International Trade Commission for the first time. The piece outlines several developments that may be contributing to this trend, including the Federal Circuit’s Lashify decision and recent USPTO procedural changes affecting PTAB challenges.

Robert notes that it may be too early to assess Lashify’s effect on new filings, saying, “We have not seen significant movement on this front, at least not an observable one—yet.” Robert adds, “The revised procedures at the PTAB, combined with Lashify, indicate expanded and potentially more successful opportunities at the ITC.”

Source

Law360