In Law360, IP Litigators Highlight Recent ITC-Related Federal Circuit Appeal

IP litigation partner Matt Rizzolo (Washington, D.C.) and IP litigation associate Jolene Wang (New York) co-authored a Jan. 29 article published in Law360 that examines a Federal Circuit precedential opinion that reversed the final determination in a medical device infringement case for Laerdal Medical Corp. at the U.S. International Trade Commission.

The authors explain that the Federal Circuit reversed the ITC’s decision to re-visit the sufficiency of the complaint after institution of the investigation, remanding the case to the ITC to issue an appropriate remedy, if any, in light of the fact that the respondents in the ITC investigation defaulted. This decision highlights the value of the ITC as a forum for swiftly and effectively protecting IP rights, particularly potentially against unresponsive parties.