The speedy resolution of cases has made the International Trade Commission one of the most important intellectual property litigation venues in the country. Typically, IP claims are heard within one year of a complaint’s filing. But lawyers should also be aware of a quirk in the timing of cases. Major case events are more likely to be scheduled immediately after major holidays, especially New Year’s Day.
Companies bring ITC actions (also known as section 337 investigations) when they allege the importation into the United States of foreign-made products that infringe patents or violate trademarks. If the ITC finds that infringement has occurred, it can ban the importation of the product in question. Computer manufacturers, cell phone and tablet makers, automakers, software companies, and consumer electronics manufacturers are among the companies that have typically filed complaints at the ITC.
