USPTO and DOJ Warn Against Using Public Interest as Barrier to Patent Enforcement at ITC

"The U.S. Patent and Trademark Office (USPTO) and the U.S. Department of Justice (DOJ) filed a joint public interest comment with the U.S. International Trade Commission (ITC) on Tuesday, arguing that the strong enforcement of valid patent rights best serves the public interest. The filing, in the context of an ITC investigation into certain dynamic random access memory (DRAM) devices, asserts that exclusion orders should be the presumptive remedy for infringement."

"In the comment, the agencies argued that reliable patent rights have been a cornerstone of American technological dominance for over two centuries. Without the security of exclusive rights, significant innovations would likely remain in development rather than reach the public. The agencies cited that "James Madison noted in The Federalist No. 43, the utility of patent protection 'will scarcely be questioned' because the 'public good fully coincides...with the claims of individuals' to their inventions.""

"The filing also highlighted the economic importance of intellectual property, observing that IP-intensive industries account for approximately 40% of U.S. gross domestic product (GDP) and support millions of jobs. The comment warned that "when patent rights are devalued through ineffective enforcement, the entire innovation ecosystem suffers." Moreover, it referenced a decision from Douglas Dynamics, LLC v. Buyers Prods. Co., which recognized that the public's interest in protecting inventive technology "outweighs any interest the public has in purchasing cheaper infringing products.""

USPTO and DOJ submitted a joint public interest comment to the ITC urging that strong enforcement of valid patent rights best serves the public interest and that exclusion orders should be the presumptive remedy in an ITC DRAM investigation. The agencies stated that reliable patent rights underpin American technological leadership and that without exclusive rights many innovations might never reach the public. The filing cited James Madison's Federalist No. 43 on the utility of patent protection. It noted that IP-intensive industries make up roughly 40% of U.S. GDP and support millions of jobs, warning that devaluing patents through ineffective enforcement harms the innovation ecosystem and referencing Douglas Dynamics to prioritize protecting inventive technology over cheaper infringing products.

Read at IPWatchdog.com | Patents & Intellectual Property Law