Patent disputes in the U.S. may possibly change significantly with the International Trade Commission playing a less important role, following a veto from President Barack Obama’s administration in the ongoing Apple-Samsung litigation. A statement accompanying the presidential ruling made over the weekend declared that the ITC should take “public interest” into account in its decisions, which will guide future judgments from the commission.
Although the ITC has been a way for companies to secure a relatively quick injunction against competing products, analyst Maynard Um of Wells Fargo said the commission will likely become less of a venue for companies to gain leverage in patent disputes. According to Um:
This weekend's ruling may alter the strategy of some companies and potentially change (or prolong) dispute outcomes if the ITC becomes more constrictive in handing down cease and desist orders.
While this does not devalue patents and patents will still be necessary as a form of offense and defense (particularly those that are standards essential patents), companies may think twice about acquiring portfolios at any cost, given the potentially reduced chance of being awarded a cease and desist order.