The Defending American Courts Act would deter those seeking to evade the U.S. judicial system and send a powerful message regarding overreach by Chinese courts: no foreign government will be permitted to impinge upon the sovereignty and independence of American courts.
I would like tentatively to share the insights of Mr. Paul Michel who served on the United States Court of Appeals for the Federal Circuit for 22 years, and as its chief judge from 2004 until his retirement in 2010.
His commentary was originally published in RealClearPolicy on March 30.
In an alarming new affront to American sovereignty, Chinese courts are now attempting to prohibit American courts from adjudicating American patents for technologies such as wireless communications.
This new legal tactic is known as an anti-suit injunction (ASI). In several recent disputes, Chinese courts have used it to attempt to dictate global licensing royalty rates for inventions patented around the globe.
