Venable of counsel Robert Davis was quoted in a June 5, 2013 Law360 article on a potential legislative response to the U.S. International Trade Commission’s (ITC) recent decision banning the import of some Apple products. The 5-1 decision bans the import of older model iPhons and iPads that allegedly infringe on a Samsung wireless standard essential patent. It marks the first time the ITC has ruled on whether companies can win exclusion orders using standard essential patents. The decision may prompt Congress to consider legislation to limit the ITC’s powers.
“To the extent that people on the Hill were waiting to see if the ITC was going to solve the problem without legislative involvement, this may answer that question,” Davis said commenting on the ITC’s use of the public interest test to refuse exclusion orders. “This may be sort of the last point that had to be addressed, and the ITC is basically saying, 'No, we can't use this defense.’”
“To the extent that people on the Hill were waiting to see if the ITC was going to solve the problem without legislative involvement, this may answer that question,” Davis said commenting on the ITC’s use of the public interest test to refuse exclusion orders. “This may be sort of the last point that had to be addressed, and the ITC is basically saying, 'No, we can't use this defense.’”