What’s ITC and how can it affect my business?
ITC Investigations under 19 U.S.C. § 1337 (“Section 337”) are initiated by companies who have made domestic investments to exploit their intellectual property and believe competing entities are importing products into the United States in violation of their patent, trademark, copyright, or trade secret intellectual property rights. The ITC, based in Washington D.C., has the authority to issue exclusion orders prohibiting those products from being imported into the U.S., and usually adjudicates complaints much more quickly than U.S. district courts. Due to the speed, rigor, and differing procedures and requirements inherent in ITC Section 337 litigation, parties that file and defend ITC cases will face critical strategic choices.
In this update we cover the following issues:
- SCOTUS Narrows Opportunity For ITC Section 337 Jurisdiction Over Imported Biosimilars Based On 180-Day Notice Provision
- SCOTUS Holds Patent Exhaustion Applies To Foreign Sales
- SCOTUS Limits “Residence” In Patent Venue Statute, 28 U.S.C. §1400(b), To State Of Incorporation
- ID Issues In Personal Transporter 1000 Investigation Followed By Petitions For Review To Commission
- Commission Issues Tailored Exclusion Order In Automated Teller Machines 972 Investigation
- Federal Circuit Clarifies Prosecution History Disclaimer Standard
Read more in our full ITC § 337 update here.
Authored by Steven Levitan, Tony Pezzano and Dr. Christian E. Mammen
