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I don't want to comment on the merits of this particular case, since I could become involved in it if it eventually reaches the U.S. Court of Appeals for the Federal Circuit.
I will say, however, that in general I believe that ITC jurisdiction in patent cases should be abolished.
Section 337 proceedings before the International Trade Commission differ from an ordinary patent infringement lawsuit in the Federal District Courts in several ways. Both procedurally and in substance, these differences have tended to favor plaintiffs, and that fact has resulted in a great deal of forum-shopping behavior in recent years.
Furthermore, since 337 proceedings and patent infringement suits aren't mutually exclusive, ITC jurisdiction tends to lead to a great deal of wasteful duplicative litigation (indeed, Apple also has three patent infringement lawsuits pending against HTC which involve the same patents).
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