Trends in Life Sciences Cases at the ITC

Brian Busey and Daniel Muino authored an article for Law360 highlighting recent trends in life sciences cases at the U.S. International Trade Commission (ITC) and discussing how the ITC has approached the economic domestic industry requirement and the statutory public interest factors (especially public health and welfare) in life sciences cases.

 “The majority of life sciences cases at the ITC have generated positive results for the complainant IP rights-holders,” the authors noted. “As the data shows, 23% of the cases resulted in a determination of violation of Section 337,” “[a]nother 15% resulted in ITC consent orders for at least some respondents under which they were prohibiting from importing infringing product,” and “another 44% of the investigations were terminated based on withdrawal of the complaint, which typically means that the parties have reached a settlement agreement.”

Read the full article.