An article authored by Hunter Keeton titled “Non-Practicing Entities at the International Trade Commission: Statistics, Legal Updates, and Tactics for Respondents” was published in IP Litigator. If you practice before the International Trade Commission (ITC), you have likely noticed an increase in investigations initiated by entities that do not actually use the patent involved in the claim. Responding to these suits brought by non-practicing entities (NPEs) involves nuances, and an understanding of who NPEs typically are, how they are funded, and ways to counter their attacks is essential for ITC practitioners and respondents.
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