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Patent owners often initiate concurrent proceedings against infringers in US district court and the International Trade Commission (ITC). The district court provides an avenue for an award of damages. The ITC provides an avenue for an order excluding the importation of infringing goods into the US.
The Federal Circuit, in Motiva v ITC, continues to create a barrier to jurisdiction before the ITC for those patent owners, such as Non-Practicing Entities (NPEs), whose business is focused on licensing and litigation.
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