We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context—as another forum for patent litigation....more
As we previously discussed in our post outlining the timeline of a typical Section 337 investigation, discovery proceeds very quickly. It commences the day after the Notice of Investigation is published in the Federal...more
One aspect of ITC litigation that is unique to Section 337 actions and not present in typical IP litigation is the “domestic industry” requirement. This often taken-for-granted part of ITC litigation can be minor speedbump or...more
We previously covered the basics of a Section 337 investigation, including the timing and prerequisites for filing a Complaint. Unlike in district court, however, the filing of a Section 337 ITC Complaint triggers a series of...more
When your company receives a notice from the International Trade Commission (“ITC”) that a complaint was filed against it and the Commission has decided to institute a Section 337 Investigation, your first question might be...more
“Section 337” actions before the United States International Trade Commission have existed for decades since their creation under the Tariff Act of 1930. As the below histogram depicts, however, the number of instituted...more
The recent Federal Circuit opinion in Laerdal Medical Corp. v. International Trade Commission may have an effect on the ITC’s pre-filing and pre-institution procedures in connection with section 337 complaints....more
On occasion, the allegations in a patent-based a section 337 investigation will apply the asserted patent(s) against an accused product that, by the time the investigation concludes, has been discontinued. This is...more
On September 25, the USITC published in the Federal Register a notice of proposed rulemaking (“NOPR”) with respect to section 337 investigations. Under one of the proposed rules, the Commission would have explicit authority...more