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
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