Let's Call The Whole Thing Off:
08 October 2012
Historically, parties in Section 337 investigations have found it difficult to stop these fast-paced, intense proceedings by using a summary judgment motion. Recently, however, a few investigations have been terminated by focussed, narrowly tailored motions aimed at points on which the Complainant has the burden. Thus, a party may do well to explore such issues early in an investigation to try to obtain an early exit (and avoid attorney fees and the other burdens imposed by these proceedings).