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ITC Section 337 cases involve the full range of formal discovery, motions, trials, and appeals, but with the additional challenges of operating in the technology, manufacturing, and marketing capitals around the world.
The Commission's final determination then stands unless the President disapproves it.Generally, the individual complainant initiates a Section 337 action by filing a complaint, although Section 337 does allow the ITC to commence an investigation on its own initiative. The ALJ then issues its initial determination, which the Commission may review at its discretion. Executive Branch Review (cont.) ITC precedent indicates that it is willing to expand its jurisdiction to non-traditional methods of importation. Finally, key changes wrought by the 1994 Amendments to Section 337 are revisited.An ITC action is initiated by filing a complaint. The basic elements of a Section 337 violation that must be demonstrated in a patent action are To demonstrate the existence of a domestic industry, as required under Section 337(a)(2-3), the complainant must satisfy a two-prong test. 210.36 (1997). 19 C.F.R. ' An ITC proceeding takes place at a rapid pace and all will be said and done within 18 months of its initiation. Under Section 337, the ITC polices imported goods that infringe patents, trademarks or copyrights, or otherwise represent unfair competition. Exclusion orders and cease and desist orders stay in effect, generally, until the expiration date of the patent. 19 C.F.R. ' Unlike federal court, the filing does not necessarily mean the matter will proceed.
Timeline of an ITC 337 Investigation Complaint ... (1982); Alkaline Batteries, ITC Inv. ITC Section 337 Investigations: Patent Infringement Claims Potentially Stronger Injunction Equivalent Although the ITC cannot award money damages, it can issue: Exclusion orders preventing infringing products from entering the US. Since 1994, respondents have been allowed to file counterclaims in ITC proceedings, although it will not consider them. After the ITC determines a violation of Section 337 has occurred, it is required to send its final determination to the President for review. These rules parallel the Federal Rules of Civil Procedure 26-37. ITC and Administrative Procedure Act Rules regarding administrative hearings generally track the Federal Rules of Civil Procedure and the Federal Rule of Evidence, with the exception that the hearsay rule is relaxed. In temporary relief proceedings, the ALJ conducts what is essentially a preliminary injunction hearing. The remedies the Commission is authorized to grant include:Limited exclusion orders under Section 337(d)(1) are often granted in conjunction with a cease and desist order, and only apply to articles imported by parties found to be in violation of Section 337. However, unlike the previous ITC complaints filed by Canon, this new complaint will have a Markman hearing at the end of August 2018.
19 C.F.R. ' 210.19 (1997). 210.27 - 210.32 (1997). Furthermore, ITC complainants may in some situations secure temporary and permanent exclusion orders that can be different, and better, in scope than comparable district court Another difference between an ITC proceeding and a federal court proceeding is that the filing of a complaint with the ITC does not guarantee that an investigation will occur. The hearing, during which the parties present evidence, cross-examine witnesses and present arguments, takes place approximately three months before the initial determination due date. The ALJ will usually issue an order setting a date for the first prehearing conference, also known as the preliminary conference, shortly after being assigned the investigation. For example, in Any party is allowed to file a petition for reconsideration of a determination within 14 days of service of the determination by the Commission. Finally the Commission issues its final determination by the date set by the ALJ. 1337(b)(1)(1994). Cease and desist orders are available under Section 337(f), and direct a particular importer to refrain from engaging in the unfairly competitive acts it has been found to be committing. The OUII staff attorney can also prove a helpful resource in explaining the procedures required by Within 30 days of receiving a complaint, the Commission is required to determine whether it sufficiently complies with the applicable ITC Rules, and to decide "whether an investigation should be instituted." As can be seen from the attached timeline, Section 337 investigations normally proceed quite rapidly, with an average of five months for fact discovery and 8.5 months from institution to the evidentiary hearing in cases with 15-16 month target dates.
No. 19 U.S.C. ' The ITC's Office of Unfair Import Investigations (the "OUII") can, and should, be consulted regarding the form and content of a proposed complaint before filing. After an investigation is commenced, any person may intervene, at the Commission's or the ALJ's discretion. 337‐TA‐ 242 (1987) 5. The ITC has discretion to determine whether an investigation should take place, and, if it does so, the ITC itself conducts the investigation, with its staff attorneys acting as an independent party in the proceeding.This paper includes a brief overview of the procedures involved in instituting and prosecuting an ITC investigation, followed by a discussion of the relative merits of bringing a Section 337 action in the ITC instead of the federal district courts. Note that if a patent is at issue, ITC Rule 210.12(c) sets out further procedural hoops that the complainant must jump through. šŸ_a¦Ó)˸BNa"Ğ(O æEjÊf´¸LN÷ˆ›£v+Ä}½óiîìµw+€|³¾]nlĞs¹d:Ïd¦‹â>!gy);>3;OR|BY ¤ 210.47 (1997). Those advantages include:As a review, the following key changes in ITC practice were made by the 1994 amendments to Section 337, as part of the Uruguay Round Agreements.By submitting this form, you agree to FindLaw.com's This site is protected by reCAPTCHA and the Google Begin typing to search, use arrow keys to navigate, use enter to selectCopyright © 2020, Thomson Reuters. No. The Commission then takes care of service of the complaint, filing copies of the complaint and notice on each respondent, on the foreign respondents' embassies, and with various federal agencies. mechanics of Section 337 actions before the ITC.4 II.
For example, in One distinct advantage of ITC practice is the availability of prompt emergency temporary relief. 19 C.F.R. '
ITC Section 337 cases involve the full range of formal discovery, motions, trials, and appeals, but with the additional challenges of operating in the technology, manufacturing, and marketing capitals around the world.
The Commission's final determination then stands unless the President disapproves it.Generally, the individual complainant initiates a Section 337 action by filing a complaint, although Section 337 does allow the ITC to commence an investigation on its own initiative. The ALJ then issues its initial determination, which the Commission may review at its discretion. Executive Branch Review (cont.) ITC precedent indicates that it is willing to expand its jurisdiction to non-traditional methods of importation. Finally, key changes wrought by the 1994 Amendments to Section 337 are revisited.An ITC action is initiated by filing a complaint. The basic elements of a Section 337 violation that must be demonstrated in a patent action are To demonstrate the existence of a domestic industry, as required under Section 337(a)(2-3), the complainant must satisfy a two-prong test. 210.36 (1997). 19 C.F.R. ' An ITC proceeding takes place at a rapid pace and all will be said and done within 18 months of its initiation. Under Section 337, the ITC polices imported goods that infringe patents, trademarks or copyrights, or otherwise represent unfair competition. Exclusion orders and cease and desist orders stay in effect, generally, until the expiration date of the patent. 19 C.F.R. ' Unlike federal court, the filing does not necessarily mean the matter will proceed.
Timeline of an ITC 337 Investigation Complaint ... (1982); Alkaline Batteries, ITC Inv. ITC Section 337 Investigations: Patent Infringement Claims Potentially Stronger Injunction Equivalent Although the ITC cannot award money damages, it can issue: Exclusion orders preventing infringing products from entering the US. Since 1994, respondents have been allowed to file counterclaims in ITC proceedings, although it will not consider them. After the ITC determines a violation of Section 337 has occurred, it is required to send its final determination to the President for review. These rules parallel the Federal Rules of Civil Procedure 26-37. ITC and Administrative Procedure Act Rules regarding administrative hearings generally track the Federal Rules of Civil Procedure and the Federal Rule of Evidence, with the exception that the hearsay rule is relaxed. In temporary relief proceedings, the ALJ conducts what is essentially a preliminary injunction hearing. The remedies the Commission is authorized to grant include:Limited exclusion orders under Section 337(d)(1) are often granted in conjunction with a cease and desist order, and only apply to articles imported by parties found to be in violation of Section 337. However, unlike the previous ITC complaints filed by Canon, this new complaint will have a Markman hearing at the end of August 2018.
19 C.F.R. ' 210.19 (1997). 210.27 - 210.32 (1997). Furthermore, ITC complainants may in some situations secure temporary and permanent exclusion orders that can be different, and better, in scope than comparable district court Another difference between an ITC proceeding and a federal court proceeding is that the filing of a complaint with the ITC does not guarantee that an investigation will occur. The hearing, during which the parties present evidence, cross-examine witnesses and present arguments, takes place approximately three months before the initial determination due date. The ALJ will usually issue an order setting a date for the first prehearing conference, also known as the preliminary conference, shortly after being assigned the investigation. For example, in Any party is allowed to file a petition for reconsideration of a determination within 14 days of service of the determination by the Commission. Finally the Commission issues its final determination by the date set by the ALJ. 1337(b)(1)(1994). Cease and desist orders are available under Section 337(f), and direct a particular importer to refrain from engaging in the unfairly competitive acts it has been found to be committing. The OUII staff attorney can also prove a helpful resource in explaining the procedures required by Within 30 days of receiving a complaint, the Commission is required to determine whether it sufficiently complies with the applicable ITC Rules, and to decide "whether an investigation should be instituted." As can be seen from the attached timeline, Section 337 investigations normally proceed quite rapidly, with an average of five months for fact discovery and 8.5 months from institution to the evidentiary hearing in cases with 15-16 month target dates.
No. 19 U.S.C. ' The ITC's Office of Unfair Import Investigations (the "OUII") can, and should, be consulted regarding the form and content of a proposed complaint before filing. After an investigation is commenced, any person may intervene, at the Commission's or the ALJ's discretion. 337‐TA‐ 242 (1987) 5. The ITC has discretion to determine whether an investigation should take place, and, if it does so, the ITC itself conducts the investigation, with its staff attorneys acting as an independent party in the proceeding.This paper includes a brief overview of the procedures involved in instituting and prosecuting an ITC investigation, followed by a discussion of the relative merits of bringing a Section 337 action in the ITC instead of the federal district courts. Note that if a patent is at issue, ITC Rule 210.12(c) sets out further procedural hoops that the complainant must jump through. šŸ_a¦Ó)˸BNa"Ğ(O æEjÊf´¸LN÷ˆ›£v+Ä}½óiîìµw+€|³¾]nlĞs¹d:Ïd¦‹â>!gy);>3;OR|BY ¤ 210.47 (1997). Those advantages include:As a review, the following key changes in ITC practice were made by the 1994 amendments to Section 337, as part of the Uruguay Round Agreements.By submitting this form, you agree to FindLaw.com's This site is protected by reCAPTCHA and the Google Begin typing to search, use arrow keys to navigate, use enter to selectCopyright © 2020, Thomson Reuters. No. The Commission then takes care of service of the complaint, filing copies of the complaint and notice on each respondent, on the foreign respondents' embassies, and with various federal agencies. mechanics of Section 337 actions before the ITC.4 II.
For example, in One distinct advantage of ITC practice is the availability of prompt emergency temporary relief. 19 C.F.R. '