The International Comparative Legal Guide to: Patents 2018 (USA)

The federal district courts, located throughout the United States, are the trial courts in patent cases. Provided certain jurisdictional requirements are met, a party may also enforce their patent rights at the United States International Trade Commission (ITC). The ITC is a federal administrative agency that hears claims of patent infringement for imported goods accused of infringing U.S. patent rights. Decisions from patent cases from district courts and the ITC are appealed to the United States Court of Appeals for the Federal Circuit (Federal Circuit). Litigants have some flexibility in selecting the venue for their case. This selection depends on, for example, the facts and strategy of the case, compliance with personal jurisdiction and venue requirements, and the available remedies. For example, patentees can obtain damages and/or injunctions in a district court, but in the ITC, only injunctive relief prohibiting importation into the United States is available. In this guide, Maressa A. Frederick and Clara N. Jiménez discuss patent law in the United States.