QJ 54.2 - Integrating Public Interest into the Toolbox of Respondents to Terminate Investigations: A Path to Balanced Patent Enforcement at the ITC

In order to more efficiently and effectively promote the interests of the U.S. and its public, Congress should amend 19 U.S.C. Section 1337 to incorporate a public interest analysis earlier in the investigative process. The International Trade Commission is uniquely mandated to tailor investigations, nullify or modify remedies, and come to a result that is in the best interest of the United States and its broader goals. This issue is especially significant for patent litigation, where the low bar for institution allows complainants to obtain favorable remedies or settlements in drastically shorter timelines than in traditional district court cases. As a result, Respondents are being subjected to full trial length investigations, unnecessary litigation costs, and countless hours of work, even when it is detrimental to the public good. By conducting a public interest analysis in the initial determination to account for the public health and welfare, public safety, competitiveness in the industry, and impact on the American consumer, the ITC’s broad investigatory powers will be reserved for matters where they are necessary for the public good. By looking to administrative agencies, other competitors in the relevant industry, and experts as evidence and tests for the public interest, this Note proposes that Congress amend 19 U.S.C. § 1337 to include a termination of investigation based on demonstration of public interest analysis, allowing the ITC to more effectively protect the public good by limiting its investigations to where the public interest is at stake.