KERRIGAN IN REAL CLEAR MARKETS: Modernizing the ITC – A Bipartisan Idea that Comes at a Critical Time

By at 6 January, 2022, 1:26 pm

In a January 6, Real Clear Markets Op-ed, SBE Council president & CEO Karen Kerrigan outlines big problems at the International Trade Commission (ITC) and points to bipartisan legislation that can help get the agency back to its mission of protecting U.S. industry from unfair foreign competition. As she writes in her piece:

“Patent trolls have found a way to manipulate ITC procedures to threaten wholesale destruction of companies over claims of IP violations and thereby force massive settlements at the expense of productive U.S. businesses. This exploitation in the name of IP actively undermines our innovation potential, as significant capital is wasted to ward off patent trolls rather than being re-invested in the economy. Patent trolls file patent infringement complaints at the ITC to spur broad import bans called exclusion orders.  Even a minor patent issue can block billions of dollars of trade.”

Kerrigan notes that the “Advancing America’s Interests Act” (AAIA) introduced by Reps. Suzanne DelBene (D-WA) and David Schweikert (R-AZ) aims to modernize practices at the ITC and stop the Commission from being abused by patent trolls. She adds that this is particularly important now, because “patent trolls are increasingly targeting the technology in devices that American consumers have grown to depend on throughout the COVID-19 pandemic. Disrupting the market for these devices by vastly curbing their inflow into the U.S. and limiting supply creates uncertainty, bottlenecks, and higher costs for our economy and small businesses.”

Read more about this important issue, and the bipartisan legislative solution in Kerrigan’s piece here.


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