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The Application of Federal Courts and the ITC in Patent Litigation in the United States: An Empirical Study of Foxconn International, Inc. and Mediatek, Inc. Cases

指導教授 : 范建得 李素華
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摘要


The International Trade Commission (ITC) and Federal District Courts are two primary forums for the majority of US patent suits. In general, patent holders may choose District Court as a litigation forum, as it can issue damage awards and its requirement is lower than the ITC. However, more and more patent holders seek ITC as a litigation forum as the ITC is a pro-patent holder forum with speedy proceedings and a strong remedy of exclusion order. In order to have a full understanding of US patent litigation, this study analyzes cases from the head of upstream IC design firm, Mediatek, and the head of downstream electronic assembly firm, Foxconn, in District Court and the ITC. Examining from both cases demonstrates there are different situations for upstream and downstream firms. The upstream firms may easily involve clients in suits; while downstream firms are often involved in suits by infringing products from its suppliers or clients. Despite the fact that a majority of Taiwanese high-tech firms were defendants in US patent litigation, both Foxconn and Mediatek cases demonstrate that if they could fight, they would never hesitate to engage in litigation or even proactively bring a lawsuit against infringers. This study reveals a transition from defendant to plaintiff in Taiwanese high-tech firms. In the end, this study provides the litigation strategies for patent holders in forum selection, and accused infringers in arguments and defenses based on the analysis derived from Foxconn and Mediatek cases.

並列摘要


無資料

並列關鍵字

ITC Patent Litigation Federal Court Foxconn Mediatek

參考文獻


2. AMP Inc v. Foxconn International In ,337-TA-374 (1996)
1. Douglas Weinstein, Finnegan Law firm, US IP Litigation Class Materials, 2008.
8. John N. Zarian, Stoel Rives LLP,“Patent Litigation In The U.S. District Of Idaho”, Feature Article.
7. David M. Hashmall, Goodwin Procter LLP, Key Issues In Patent Litigation, Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series.
Part1. Foxconn International Incorporated

被引用紀錄


黃芳雪(2012)。美國國際貿易委員會依關稅法第337條調查程序之終止-以合意令所涉議題之探討為核心〔碩士論文,國立清華大學〕。華藝線上圖書館。https://doi.org/10.6843%2fNTHU.2012.00432

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