New Rules at the ITC Target Efficiency, Require Caution


The U.S. International Trade Commission recently issued two sets of final rules, which may substantively alter ITC practice on a going-forward basis. The first set applies to investigations instituted on or after May 20 of this year; the second will be effective after June 20. Collectively, the rules represent part of a concerted effort by the Commission to increase the efficiency of Section 337 proceedings.

This article will highlight several of the new rules, focusing on how they provide opportunities to lower discovery costs and ways in which they will require diligence to avoid disclosure (or waiver) of confidential or privileged information.

Originally published in BNA’s Patent, Trademark & Copyright Journal, 86 PTCJ 373, on 06/14/2013.

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