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Re: I know I am asking the impossible, but...

By: tfwg in IDCC | Recommend this post (0)
Thu, 05 Sep 13 8:54 PM | 391 view(s)
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Msg. 46936 of 48237
(This msg. is a reply to 46935 by zzfan)

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Thanks for the reply.

"initial determination will usually be a fence rider to be reviewed by the commission and the CAFC"

As EVERY initial decision is going to be appealed, IMO, the ITC should just shit can that phase and get to the business of making a final decision.

A very nice lawyer (and fren) once told me, "a decision is not final until a judge says it's final". So...like receiving a death sentence and subsequent automatic review, let's just cut the chase and get to the reviews!

Just say'n...BB




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"The world is a dangerous place to live�not because of the people who are evil, but because of the people who don't do anything about it." �Albert Einstein




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The above is a reply to the following message:
Re: I know I am asking the impossible, but...
By: zzfan
in IDCC
Thu, 05 Sep 13 8:08 PM
Msg. 46935 of 48237

The stated goal of the ITC is to extract a settlement between the parties. Nobody likes the ultimate remedy handed to them. Even the complaining inventor would much prefer a license over an exclusion order. The ITC used to be a less costly method for the little guy to protect its IP. It is the big companies that have significantly increased the costs of seeking redress at both the ITC and arbitration. An exclusion order is a death sentence. Unless the ALJ is completely convinced that the respondent is clearly in the wrong, the initial determination will usually be a fence rider to be reviewed by the commission and the CAFC. Couple this with an administration that believes in selectively enforcing the laws on the books in this country and it makes it extremely difficult to formulate a business plan.

MO
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