HULSEYIP’s ITC practice calls upon individuals from all areas of the firm’s practice to create a team with the working knowledge of the law and technology necessary for success in ITC proceedings.
The U.S. International Trade Commission administers Section 337 proceedings and must investigate complaints either brought to it or ones commenced under its own initiative. An administrative law judge provides an initial determination to the ITC, which can accept the initial determination or order a further review of it in whole or in part.
Section 337 of the U.S. Tariff Act prohibits unfair methods of competition or other unfair acts in the importation of products into the United States. It also prohibits the importation of articles that infringe valid U.S. patents, copyrights, and trademarks, including semiconductor products produced by infringing a protected mask work, or protected design rights. Under the statute, the importation or sale of an infringing product is illegal only if a U.S. industry is producing an article covered by the relevant IPR exists or is in the process of being established. However, unlike other trade remedies such as antidumping or countervailing duty actions, no showing of injury due to the import is required.
The ITC may issue either a limited or general exclusion order enforced by U.S. Customs. A general exclusion order directs U.S. Customs to keep out all infringing articles regardless of the source. More commonly, a limited exclusion order is employed to exclude infringing articles from the firm subject to the ITC’s investigation. Alternatively, the ITC may enforce a cease and desist order to stop the sale of the infringing product in the United States. However, the ITC may consider several public interest criteria and decline to issue a remedy. Our attorneys, with their varied experience in ITC cases, are well positioned to serve the needs of the firm’s clients and ensure that ITC issues are resolved.
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