ITC Litigation and Section 337 Proceedings
The Tariff Act of 1930 (19 U.S.C. $ 1337) gives the International Trade Commission (“ITC”) exclusive jurisdiction over certain intellectual property disputes. These proceedings have become increasingly popular because they typically resolve themselves far faster than going to trial in Federal Court. An ITC litigation attorney requires an understanding of law that is unique to the agency and different from Federal Courts.
While the ITC cannot award monetary damages, the ITC can preclude the import of infringing goods and stop the sale of goods already in the United States.
If you are considering pursuing ITC litigation, it is important to consult with an experienced attorney who understands the unique aspects of these proceedings.
Section 337
Section 337 of the Tariff Act of 1930 (19 U.S.C. $ 1337) is a provision of the United States Code that gives International Trade Commission (“ITC”) exclusive jurisdiction over certain intellectual property disputes.
The ITC has become increasingly popular because its proceedings typically resolve themselves far faster than going to trial in Federal Court. An ITC litigation attorney requires an understanding of law that is unique to the agency and different from Federal Courts.
While the ITC cannot award monetary damages, it can preclude the import of infringing goods and stop the sale of goods already in the United States.
If you are considering pursuing ITC litigation, it is important to consult with an experienced attorney who understands the unique aspects of these proceedings.
An exclusion order is a remedy that the ITC may issue in Section 337 proceedings. An exclusion order prohibits the importation of infringing goods into the United States. The ITC may also stop the sale of infringing goods that are already in the United States.
International Trade Commission
The ITC is important to patent owners and consumers because it provides a forum for resolving intellectual property disputes. The ITC can prevent the import of infringing goods and stop the sale of goods that are already in the United States. This is important to patent owners because it allows them to protect their intellectual property rights. It is also important to consumers because it helps ensure that they are not buying products that infringe on someone else’s IP rights.
The ITC is also important to the economy because it helps promote fair trade. When the ITC finds that a company has engaged in unfair trade practices, it can impose sanctions on that company. This helps level the playing field for American companies and ensures that they are not at a competitive disadvantage.
If you have an intellectual property dispute that you would like to pursue through the ITC, it is important to consult with an experienced attorney who understands the unique aspects of these proceedings.
Business savvy is a must in any IP litigation. The Tariff Act of 1930, also known as Section 337 of the U.S. Code, is a law that gives the International Trade Commission (ITC) the authority to investigate allegations of unfair trade practices in the import and sale of goods in the United States.
The ITC can issue orders barring the importation of infringing goods into the United States, which can be a powerful tool for patent owners who want to protect their intellectual property rights. Experienced counsel is essential in any ITC proceeding, as these proceedings move quickly and can have far-reaching consequences.
Administrative Law Judge
An Administrative Law Judge (ALJ) is a judge who presides over administrative law proceedings. These proceedings can be held before an agency or tribunal, such as the International Trade Commission. ALJs are responsible for presiding over hearings, making decisions on cases, and issuing orders.
If you are involved in an administrative law proceeding, it is important to have an experienced attorney who understands the role of the ALJ and can help you navigate these complex proceedings.
Filing a Complaint with the ITC
The first step in pursuing an ITC action is to file a complaint with the Commission. The complaint must allege that a violation of section 337 has occurred and must identify the respondent(s). The Commission will then determine whether to investigate the complaint.
If the Commission decides to investigate the complaint, it will issue an order directing the respondent(s) to answer the complaint. The respondent(s) must then file an answer with the Commission.
ITC Investigations
ITC investigations are faster than almost any other forum in the world and have far-reaching remedies that prevent the importation of infringing products into the United States.
An ITC investigation proceeds in two phases. The first phase is the institution phase, which is when the Commission decides whether to investigate a complaint. The second phase is the trial phase, which is when the Commission hears evidence and decides whether there has been a violation of section 337.
If the Commission finds that a company has engaged in unfair trade practices, it can issue an order that imposes sanctions on that company. These sanctions can include a cease and desist orders, which would stop the company from engaging in the unfair trade practice. The Commission can also impose a limited exclusion order, which would prevent the importation of infringing goods into the United States.
Settlements can often be reached in ITC proceedings. The Commission has the authority to issue a limited exclusion order, which can prevent the importation of infringing goods into the United States. This can be a powerful tool for patent owners who want to protect their intellectual property rights.
The Samsung-Apple ITC case (337-TA-794) began with a complaint brought by Samsung against Apple in June 2011, in which Samsung accused various Apple products of patent infringement of five patents. Two of these patents — U.S. Pat Nos. 7,706,348 and 7,486,644 — were alleged by Samsung to be essential to the UMTS 3G cellular standard. Apple claimed that Samsung’s FRAND obligations with respect to these SEPs prevent Samsung from receiving an exclusion order, in the event Apple is found to violate Section 337.
The presiding Judge found no violation of Section 337 by Apple as to any of the five patents-in-suit, and recommended that the ITC issue a limited exclusion order with respect to the ‘348 and ‘644 patents. The full Commission disagreed with the ALJ’s finding of no violation of Section 337 as to the ‘348 patent, and found that Apple had violated Section 337 by importation of infringing products. The Commission issued a limited exclusion order barring importation of infringing products.
This ITC investigation is significant because it is one of the first times that the ITC has issued a limited exclusion order with respect to a Standard Essential Patent (SEP). The case also highlights the importance of having experienced counsel in ITC proceedings.
The intellectual property law experts and patent attorneys at Schmeiser, Olsen and Watts are dedicated to acquiring, protecting and managing your ideas and inventions. We provide patent, trademark and copyright prosecution, as well as IP litigation and post-grant proceedings. We also offer IP consulting and represent clients who are interested in selling or licensing their intellectual property rights through commercialization. In addition, our legal team has extensive training and experience in variety of technical fields.
