MoFo@ITC
Articles
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The ITC is empowered to block the importation into the U.S. of products that infringe U.S. intellectual property rights. In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in light of several recent cases, this seems to no longer be the case. This articles examines those recent cases.
ITC General Exclusion Orders Targeting All Importers Are on the Rise
This article examines the rise of General Exclusion Orders at the ITC and the requirements for issuance of such GEOs.
Chevron Overruled and SEC Enforcement Cabined: Any Impact at the ITC?
In the wake of the Supreme Court’s decision overruling Chevron deference, this article assesses the potential impacts at the ITC.
- Has Human Milk Expired? — Current Application of the Redesign Standard in Original 337 Investigations
This article examines the Commission’s four-factor test for determining whether to adjudicate redesigned products in original Section 337 investigations.
What's At Play In Rising Lanham Act Cases At The ITC
Brian Busey and Maryrose McLaughlin authored an article for Law360 titled, “What's At Play In Rising Lanham Act Cases At The ITC.”
Is the ITC the Right Venue for Trade Secrets Theft?
This article examines the differences between litigating trade secrets in federal court and before the U.S. International Trade Commission (ITC), pointing out the benefits that arise from filing a suit with the ITC and the circumstances under which the ITC may be a better choice.
View all articles.
ITC Timeline
ITC Overview
The ITC is a federal administrative agency that conducts investigations of “unfair practices in import trade” under 19 U.S.C. § 1337, commonly called Section 337.
Section 337 prohibits the importation of products into the U.S. that infringe valid U.S. patents, copyrights, and trademarks. Section 337 also prohibits “unfair methods of competition and unfair acts” in importation, including misappropriation of trade secrets. Under Section 337, complainants may seek powerful injunctive relief in the form of an exclusion order stopping infringing products at the border. An Administrative Law Judge (ALJ) presides over an investigation of a Section 337 complaint through proceedings that resemble litigation in U.S. district courts, but with some critical differences.
The ITC is a forum that has skyrocketed in popularity over the last two decades. Since 2000, complaints at the ITC have increased by over 290%. Though the ITC is only one of about 90 venues in the U.S. in which a patent infringement lawsuit can be brought, the ITC heard over 32% of all U.S. patent trials in 2021.
View the full ITC overview.
Statistics
Our statistics page offers a decade’s worth of data tracking the annual numbers and types of ITC Section 337 investigations, merits determinations, the outcomes of 100-day early resolution proceedings, and more.
View the statistics.
