The University of Chicago Business Law Review
Start Page
227
Abstract
This Comment demonstrates the need in United States’ semiconductor policy for the United States to establish itself as a preferred IP litigation forum. The paper notes three obstacles to be solved in current semiconductor IP policy: IP Theft, Semiconductor Counterfeiting, and Balanced Licensing. The paper next argues why the International Trade Commission (ITC) is an ideal United States forum for these concerns and addresses general benefits and shortcomings of ITC litigation. Lastly, this paper evaluates potential policy changes to ITC procedure and application to entrench the ITC as the premier legal forum for semiconductor policy. The paper argues that changes including allowing for ITC patent rulings to preempt Federal District Courts, diversifying “semiconductor intellectual property” (SIP) protection in the ITC through clarified ITC Trade Secret procedures and a suis generis IP for semiconductors, and considering statutory anti-anti-suit injunctions to be used in tandem to ITC prioritization would make the ITC a more effective and preferred forum.
Recommended Citation
Donnelly, Emma
(2025)
"Resolving American Semiconductor Challenges through Making the ITC a Preferred Forum,"
The University of Chicago Business Law Review: Vol. 4:
No.
1, Article 6.
Available at:
https://chicagounbound.uchicago.edu/ucblr/vol4/iss1/6
