Defaulting at the ITC Poses Significant Risks, <i>ITC Blog</i>

Defaulting at the ITC Poses Significant Risks, ITC Blog

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Certain Beverage Brewing Capsules, Components Thereof, And Products Containing the Same, Inv. 337-TA-929, is a cautionary tale of the risks of defaulting at the ITC. Eko Brands, LLC defaulted in the ITC’s original investigation. The Commission later concluded that Eko infringed two claims that depended from independent claims found to lack written description support. Separately, a district court found that Eko did not infringe the asserted claims. It is unclear whether Eko will succeed in fending off an enforcement proceeding filed against it relating to its activities since the Commission’s remedial orders were issued.

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