As patent law experts who appreciate the efficiency of the I.T.C.’s decision-making, we believe that a small change in how the commission does its job could yield big dividends for competition and consumers by reducing the disruption an exclusion order can wreak.
Within the article:
Even in such cases, shutting out imports of an infringing product is not always the right answer. If the patent covers a small part of the product, the defendant could design around it, and if the defendant’s infringement was inadvertent, the I.T.C. could award an exclusion order but delay its start. During the delay period, the infringer could pay remuneration through a bond, allowing the patentee to get paid but not holding up a large product because of a small patent.
The Times piece noted he ITC is expected to rule on the Apple/HTC case December 14, 2011, but Bloomberg stated:
Publication of the verdict was delayed to Dec. 19, HTC said in an e-mailed statement.