U.S. IP Update – July 2025

Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes, and trends impacting patents, trademarks, and other IP rights in the United States.

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In This Issue: 

Minimizing Your Risk of Being Sued Before the U.S. International Trade Commission
Josephine Kim and Minji Kwak

The International Trade Commission (ITC) is an independent U.S. federal agency that oversees issues including IP enforcement, anti-dumping, and tariffs. A finding of infringement at the ITC can result in exclusion orders and cease and desist orders of products imported into the United States that are found to infringe U.S. patents. This is a significant penalty for any company that manufactures its products outside the United States and sells to the U.S. market because it necessarily excludes importation of goods into the United States. Moreover, ITC investigations have relatively accelerated timelines, with most investigations concluding within two years. As a result, being sued at the ITC is greatly disruptive to day-to-day business operations during the investigation due to the broad scope of discovery permitted and fast timeline of the investigation. It also risks results that can harm the company’s business operations and expectations and cause uncertainty with suppliers and customers. Therefore, businesses may wish to avoid having to respond to a complaint for ITC investigation from the outset. This article will discuss signs that an ITC litigation may be forthcoming, as well as strategies to minimize the risk of being sued in the ITC.

The full article can be viewed here.

Webinar – Navigating the Current U.S. IP Landscape: Key Legal Developments for Korean Companies
Richard Bemben, Ivy Estoesta, Jason Fitzsimmons, and Josephine Kim

Join us for a webinar on August 6, 2025, at 9:00 p.m. (EDT)/10:00 a.m. (KST) to catch up on the latest trends and court decisions impacting U.S. patents, trademarks, and other intellectual property rights. This exclusive event is specifically tailored for companies and legal professionals in Korea who want to stay informed and strategically navigate the evolving U.S. IP landscape.

Learn more and register for the upcoming webinar here.