RatnerPrestia Wins Landmark Patent Infringement Case Before U.S. International Trade Commission
By Brian P. O'Shaughnessy
Washington, D.C.  |  July 2013 – On July 5, 2013, ALJ Essex issued his ruling in the first ITC investigation held under the Commission’s new pilot program for expedited resolution, finding that the complainant had not satisfied its burden of meeting the ITC’s domestic industry requirement. The ruling represents a substantial victory for the thirteen respondents, including a client represented by RatnerPrestia Shareholder Brian O’Shaughnessy.
 
The case is the first of its kind by the ITC, deliberately structured to expedite proceedings through early evaluation of dispositive elements such as the ITC’s domestic industry requirement. When it initiated the investigation in March 2013, the Commission required a decision on domestic industry within 100 days. The parties engaged in intensive discovery, culminating in a two-day hearing on May 16-17, followed by Judge Essex’s ruling.
 
The victory justifies the ITC’s implementation of the pilot program, which should stem the tide of new filings by deterring those of questionable merit. “The ITC’s new proceeding under this program is an effective means to minimize the expense of litigating before the ITC and will empower the ITC to better manage its caseload and devote proper resources to worthy patent enforcement actions,” said RatnerPrestia Shareholder and Lead Counsel for Freixenet, Brian O’Shaughnessy, who led the Washington D.C.-based litigation team that included Counsel, Brian Seal and Shareholder, Tom Southard.
 
“This is a great win for RatnerPrestia and our client, and demonstrates the value of effective case strategies vigorously implemented, said Jonathan Spadt, RatnerPrestia CEO.
 
RatnerPrestia’s practice is devoted exclusively to intellectual property (IP) law.  With extensive and diverse legal, technical and corporate expertise, its professionals provide practical, cost-effective, business-oriented counseling to a wide range of international and domestic businesses.  It represents clients in court proceedings and before the U.S. Patent and Trademark Office.  Through its extensive network of foreign associates, it also represents clients before courts and administrative bodies around the world.  RatnerPrestia is a full-service IP firm with a 30 year proven track record of success.  For additional information, visit www.RatnerPrestia.com.


 
 
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