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No Invalidity Defense for Defaulting Respondent in Enforcement Proceeding, <i>ITC Blog</i>

No Invalidity Defense for Defaulting Respondent in Enforcement Proceeding, ITC Blog

Visit the Jones Day ITC Blog.

As discussed in our November 3, 2016, post, defaulting at the ITC to avoid the cost of litigation is a risky strategy.

In Certain Beverage Brewing Capsules, Components Thereof, And Products Containing the Same, Inv. 337-TA-929, Eko Brands, LLC defaulted in the ITC’s original investigation and the Commission concluded that Eko infringed claims 8 and 19 of U.S. Patent No. 8,720,320 even though the Commission also determined independent claims 5 and 18, from which claims 8 and 19 depend, were invalid for lack of written description support.

Read the full article at jonesdayitcblog.com.

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