No Invalidity Defense for Defaulting Respondent in Enforcement Proceeding, 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.