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
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