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18 November 2009


  • Gary M. Hnath
    T +1 202 263 3040
  • Reginald R. Goeke
    T +1 202 263 3241

Strategies and Tactics for Litigating Section 337 Investigations: Part 2

Strategies and Tactics for Litigating Section 337 Investigations: Part 2

Wednesday, November 18, 2009

Despite the current economy, the number of Section 337 investigations instituted by the International Trade Commission continues at a near record rate. Section 337 provides powerful quick and effective remedies to prevent the unfair importation of articles into the United States. This three-part series explores 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 second part of this series, we will focus on the middle phase of a Section 337 investigation, from institution by the ITC through final Commission decision. Mayer Brown partners Gary Hnath, Ian Feinberg and Reg Goeke will discuss:

  • Successful strategies for litigating Section 337 investigations, from the point of view of complainants and respondent
  • Handling the challenges of discovery, and particularly e-discovery, given the accelerated pace of a Section 337 proceeding
  • The extent to which Markman hearings are used in Section 337 investigations
  • Special considerations relating to claims of induced and contributory infringement
  • Strategies for litigating process patent claims under Section 337
  • Unique aspects of trying a case at the ITC, including pretrial motions, the use of witness statements and dealing with time limitations for trial

Gary M. Hnath
Ian N. Feinberg
Reginald R. Goeke

Related Materials
Presentation Audio (MP3)
Presentation Slides (PDF)

Learn more about Mayer Brown's ITC 337 Investigations group.

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18 November 2009
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18 November 2009

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