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ITC Section 337 Investigations Toolkit
Practical Law Toolkit w-023-9917 (Approx. 15 pages)
ITC Section 337 Investigations Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
A set of resources to assist counsel in preparing for and litigating Section 337 investigations before the US International Trade Commission (ITC).
The US International Trade Commission (ITC) is one of the country's busiest intellectual property (IP) litigation venues. Under Section 337 of the Tariff Act (19 U.S.C. § 1337), the ITC investigates and adjudicates private party complaints alleging IP infringement by imported goods. ITC Section 337 investigations offer several advantages over IP litigation in federal district court, including faster resolution of disputes and broader availability of injunctive relief.
The ITC's unique practices and procedures can present significant challenges to litigants. This Toolkit provides continuously maintained resources designed to help counsel understand and conduct Section 337 litigation before the ITC. It includes resources that help counsel:
- Identify the applicable rules and practices.
- Understand the scope and content of Section 337 investigations.
- Develop pre-suit and initial defense strategies.
- File complaints and responses.
- Formulate and prepare discovery.
- Understand options for resolving investigations before the evidentiary hearing.
- Identify unique ITC defenses and requirements.
- Prepare for ancillary proceedings, including post-termination remedy and enforcement proceedings before the ITC and US Customs and Border Protection (CBP), and the courts.
- Understand the mechanisms for appeals and other judicial challenges.