ITC Section 337 Practice

The International Trade Commission in Washington D.C. enforces Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. That law offers remedies against unfair imports that violate U.S. intellectual property rights and other types of unfair competition. Successful 337 cases can lead the Commission to issue exclusion orders against imports that infringe patents, trademarks and copyrights or involve misappropriated trade secrets. The ITC may also issue cease and desist orders against specific importers.

The ITC conducts 337 investigations:

• As quasi-judicial proceedings before an administrative law judge (ALJ);
• Under the Administrative Procedures Act with rules and procedures similar to those applicable to civil trials in the Federal Courts;
• With full U.S.-style discovery of parties and third parties, including document requests, interrogatories, and sworn depositions;
• With a full trial before the ALJ: and
• For all intents and purposes like a complex Federal District Court proceeding on a fast track.
• In 12 months for ordinary cases and 18 months in cases declared "more complicated."

The majority of 337 cases involve assertions of patent infringement and raise issues of:

• Patent validity
• Patent infringement
• Patent enforceability
• Economic issues

Farkas + Toikka LLP has 20 years of experience representing clients before the ITC. We have represented both:

• Complainants with U.S. intellectual property; and
• Foreign respondents accused of infringing U.S. IP rights.

We have ITC experience in a number of technologies and industries, including:

• Computer peripherals
• Memory chips
• Automotive parts
• Lighting products
• Flashlights
• Consumer products
• Specialty Chemicals