Using Trade Policy to Counter Anti-Suit Injunctions and Strengthen Global Patent Enforcement
Patents are property rights that drive innovation, investment, and economic growth, which are especially critical in technology sectors that rely on global standards. Robust, enforceable patent protections have underpinned America’s technological leadership and economic prosperity by ensuring innovators are rewarded for their investments.
These property rights are, however, increasingly threatened by strategic judicial actions from abroad—in particular, the issuance of anti-suit injunctions (ASIs). ASIs are judicial orders that prohibit litigants from initiating or continuing patent-enforcement proceedings in another jurisdiction. They serve as a powerful procedural tool that can prevent parallel litigation in multiple forums simultaneously.