Empirical Study on USITC Patent Litigations of Taiwan Enterprises
|關鍵字:||美國國際貿易委員會;337條款;台灣企業;專利訴訟;實證研究;ITC;Section 337;Taiwan Enterprises;Patent Litigation;Empirical Study|
The United State International Trade Commission (ITC) has become a popular patent-dispute forum in recent years, but it’s much more than a second forum. ITC has different jurisdiction, procedure and relief from federal courts, and the parties have different considerations when litigating in the two venue. Due to the short product life cycle, it is important for many companies to obtain the market share at the product launch. However, the relief awarded by federal courts is usually for the past infringement. Contrary to federal courts, the ITC has broad in rem jurisdiction, expedited procedures that take only 12 to 18 months, and exclusion orders for prevailing patentees. The above advantages all encourage patentees to file ITC complaints. Taiwan is the country with the second most cases in the ITC, and the products involved are often computers, electronic devices and telecommunications. Although exposed to such a high litigation risk, there are no specific studies on ITC patent litigation of Taiwan enterprises. This thesis first builds the concepts of both substantive and procedural requirements of Section 337 investigations, and then it presents the empirical examinations of cases involving Taiwan enterprises from 1975 to March 2012. By dissecting the features and influencing factors of case results, duration, litigant behaviors and industry trends, this thesis proposes some strategic analysis and recommendations to the parties and help them with distribution of resources and risk management during the ITC litigation. Only by maximizing the chance of success and lowering the litigation cost can Taiwan enterprises retain the core competence and keep innovating and thriving through the patent wars.
|Appears in Collections:||Thesis|