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
Let’s take a step back and look at the International Trade Commission (ITC) investigation process from the beginning. Someone is importing products, or components in products, that infringe on your intellectual property...more
You just received a subpoena or, even worse, a complaint alleging you infringe a patent. But, instead of directing you to a federal courthouse, the caption reads: United States International Trade Commission – or more...more