ITC Section 337 Investigations
The U.S. International Trade Commission (“ITC”) has become a key forum for intellectual property owners, taking the place of, or used in tandem with, traditional cases in District Courts. The ITC investigates the importation of allegedly infringing goods under Section 337 of the Tariff Act of 1930. Although money damages are not available in Section 337 proceedings, the typical remedy is to bar the importation into the U.S. of infringing goods.
Litigating in the ITC presents unique challenges because the cases follow different rules and impose different requirements. In addition, the ITC works on a greatly accelerated schedule—the entire case is usually over within 18 months and activities that take months in District Court are due in weeks or days with the ITC. Section 337 actions also start at full speed, with the intellectual property owner submitting substantial evidence and arguments with its Complaint (and thus requiring much pre-filing work), and responding parties having very little time to respond.
While litigating at the ITC can be daunting, we have the experience to handle the complexities of Section 337 cases and we have the approach to keep costs reasonable.
