This article appeared in The Intellectual Property Strategist, an ALM/Law Journal Newsletters publication that provides a practical source of both business and litigation tactics in the fast-changing area of intellectual property law, including litigating IP rights, patent damages, venue and infringement issues, inter partes review, trademarks on social media – and more.
Under Section 337 (19 U.S.C. §1337), the U.S. International Trade Commission (ITC) investigates allegations of unfair practices in import trade that most often involve claims regarding intellectual property rights, including allegations of patent infringement. The ITC has long been the forum of choice for IP litigants seeking expeditious relief “at the earliest practicable time,” particularly when compared to the traditional pace of litigation in district court. Id. at §1337(b).
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