Bonum Certa Men Certa

The International Trade Commission (ITC/USITC) Will Possibly Get Abolished Unless It Can Reform Itself

Example from last month, impacting a Japanese firm

Nintendo faces Switch patent infringement investigation in the US



Summary: The 'International' Trade Commission (actually US, it's not an international agency) continues to overzealously guard US interests, even if that means blocking the competition from abroad, based on some sketchy patents with burden of proof on the accused

The ITC is the US 'embargo' (e.g. imports ban) agency, at least for patent complaints; it often seems like it's just serving exceptionally large US corporations that can afford access to it; it's rare to see small companies or foreign companies utilising ITC. Microsoft used ITC for one of the earlier instances of patent aggression (against rival computer mice) and in recent years we've been covering several instances of ITC misuse of laws or failing to respect tribunals such as the Patent Trial and Appeal Board (PTAB), even if the Federal Circuit later affirmed its decisions. Something is clearly not working right at the ITC (law not being applied correctly, or sanctions applied prematurely without proper due process) and it could use a reboot if not just "the boot". According to this short report (behind a paywall), ITC changes its rules. To quote Managing IP:



The International Trade Commission (ITC) has implemented 11 rule changes in an attempt to modernise and clarify the existing system. Coming into effect today, some changes simply formalise existing practices; others may cause complainants to rethink their approach.


If ITC fails to reform itself, which has thus far been the case, then it might simply perish. Agencies like ITC stigmatise themselves as uncaring for justice/legal process.

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