Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support

Daniel Muino and Charles Provine wrote this article for Intellectual Property Strategist, highlighting the importance of adequate evidentiary support in ITC complaints under Section 337 of the U.S. Tariff Act. The article discusses recent ITC decisions where investigations were declined due to insufficient importation allegations. It emphasizes the necessity for complainants to provide specific instances of importation or sales, supported by concrete evidence such as photographs, receipts, and product teardowns. They advise complainants to meticulously document importation evidence to avoid denial of institution and suggest that respondents challenge complaints lacking adequate importation proof.

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