Thought Leadership

The ITC: Reviewing 2016 and Looking Ahead

External Article

Lisa Kattan published an article on February 8, 2017, in, titled " The ITC: Reviewing 2016 and Looking Ahead," examining a review of the ITC related cases in 2016 and an outlook for 2017. An excerpt of the article is below. 

The U.S. International Trade Commission ("ITC" or "Commission") is a popular venue for resolving unfair trade practices, including patent disputes. Section 337 of the Tariff Act of 1930 provides for the investigation of any unfair act in the importation of articles into the United States, including the enforcement of intellectual property rights. While the majority of §337 investigations involve the alleged infringement of U.S. patent rights, the statute authorizes investigations to enforce other intellectual property rights such as trademarks, trade secrets and copyrights, as well as address other unfair methods of competition.

If the Commission finds a violation of §337, it may issue an exclusion order banning imports of the infringing goods. It may also issue a cease-and-desist order requiring a party to stop all commercial activity relating to the infringing products subject to substantial civil penalties for violation. Thereafter, the Commission's final determinations are appealable to the U.S. Court of Appeals for the Federal Circuit. While extremely rare, remedial orders can be vetoed by the President for policy reasons.

Many high profile intellectual property disputes now include investigations before the ITC. Because ITC cases go to trial faster than cases tried in other forums worldwide, they can be the first to be resolved in multi-forum disputes and often spearhead resolution of other related cases.

For a copy of this article, please click the title link below:

The ITC: Reviewing 2016 and Looking Ahead

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