Event Session
337 Investigations: Leverage & Strategy at the ITC
May 23, 2022 @ 1:30 PM EST
1:30 PM ET
May 23, 2022
337 Investigations: Leverage & Strategy at the ITC
The U.S. International Trade Commission (ITC) has become a forum of choice for patent owners with a domestic industry. Thanks to a broad investigative mandate with respect to matters of trade, which include imports that allegedly infringe patents and other IP rights, and the reality that products are manufactured overseas and shipped into the United States, the ITC has become a vital forum for patent owners in the fight against infringers.
Under Section 337 of the U.S. Tariff Act of 1930, articles found to violate Section 337 can be excluded from further importation and the responsible parties can be subject to cease-and-desist orders, both injunctive remedies not limited by the Supreme Court’s eBay v. MercExchange framework.
This panel will discuss the nature of 337 investigations, the ITC’s unique procedural framework, the unparalleled speed of the ITC and how that speed can create significant leverage for patent owners, best practices for importers defending a 337 investigation, the latest trends in rulings at the agency, cases to watch and what to expect on the horizon.
CLE Material
Section 337 Actions at the ITC—A Potentially Powerful Source of Leverage
When Administrative Agencies Collide—Litigating in Parallel at the ITC and the PTAB
The Most (Potentially) Consequential ITC Decisions of 2021
The U.S. International Trade Commission (ITC) has become a forum of choice for patent owners with a domestic industry. Thanks to a broad investigative mandate with respect to matters of trade, which include imports that allegedly infringe patents and other IP rights, and the reality that products are manufactured overseas and shipped into the United States, the ITC has become…