International Trade Commission Section 337 Litigation
Juneau Partners is experienced at representing clients at the International Trade Commission. The International Trade Commission (ITC) is a preferred forum for intellectual property owners to enforce their rights. Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, was enacted to protect U.S. industry from unfair competition by imported foreign goods and provides an important tool for any company with a demonstrated U.S. presence to enforce its U.S. intellectual property rights against infringing foreign imports. However, any party, U.S. or domestic, that holds a patent or trademark can seek to have infringers blocked at the border. More than 90% of investigations under Section 337 involve alleged infringement of U.S. patent rights by imported goods, although Section 337 also provides for investigations involving infringement of other intellectual property rights such as trademarks, trade secrets, and copyrights.
Since new technologies are now global, the result is a very competitive marketplace that often leads to intellectual property disputes. This includes ITC litigation. Companies that import products or sell imported products in the United States face the possibility of being named as respondents in a Section 337 proceeding at the ITC. Likewise, companies whose intellectual property has been infringed by those who import products or sell imported goods in the United States can efficiently obtain unique injunctive-type relief from the ITC that effectively denies the infringing foreign competitors access to the U.S. market.
Compared to bringing litigation in the United States district courts, Complainants may find the ITC a more favorable forum due to the rapid resolution of infringement disputes, the fact that trials are conducted by experienced Administrative Law Judges (without a jury), and the availability of injunctive-like relief. In a typical Section 337 investigation, the matter proceeds to trial within 9-10 months, and the entire proceeding is completed within 15-18 months. If a violation of Section 337 is found, the ITC may issue a limited or general exclusion order directing U.S. Customs to bar importation of additional infringing products. In addition, the ITC may issue a cease and desist order barring the sale of any infringing products that are presently in a Respondent’s U.S. inventory.
As an independent federal agency, the ITC has its own special rules and procedures. Thus, litigating intellectual property disputes at the ITC presents a unique set of challenges, including presenting technologically complex cases in a fast-paced forum. Similar to district court intellectual property disputes, successful ITC litigation requires a firm understanding of intellectual property law, engineering and scientific capabilities to quickly understand and evaluate the technology presented in the case, an in-depth understanding of the prosecution process that produced the intellectual property at issue, and the litigation experience to formulate winning strategies.
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