Despite the current economy, the number of Section 337 investigations instituted by the International Trade Commission continues to grow at a record pace. Section 337 provides powerful quick and effective remedies to prevent the unfair importation of articles into the United States. This three-part series will explore effective strategies for each phase of litigating a Section 337 case - from the initial decision to file a complaint with the ITC, to litigation and trial before the Administrative Law Judge, to Commission review, enforcement of remedies, appellate review and beyond.
In the first part of this series, we will focus on the initial phase of a Section 337 investigation, from initial consideration through institution by the ITC. Mayer Brown partners Gary Hnath, Ian Feinberg and Reg Goeke will discuss:
- Recent trends in Section 337 investigations
- Evaluating the pros and cons of using Section 337, alone or in connection with other remedies such as district court litigation
- How Section 337 can be used for cases other than patent infringement, including cases involving trademark and copyright infringement, grey market goods, misappropriation of trade secrets, product defects, antitrust, environmental law violations, the use of child labor and more
- Who can bring a Section 337 complaint (including recent trends involving foreign companies and non-practicing entities or "trolls")
- Practical tips on investigating, preparing and filing a Section 337 complaint, including interactions with the ITC's Office of Unfair Import Investigations
- Using the time before the ITC institutes the investigation to gain a strategic advantage, from the viewpoint of both complainants and respondents