Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

Section 337 of the Tariff Act of 1930 is an underutilized yet powerful tool for intellectual property (IP) practitioners. It prohibits unfair competition related to the importation of products into the United States that infringe on U.S. patents, copyrights, trademarks, or embody misappropriated trade secrets. Section 337 investigations are overseen by the United States International Trade Commission (ITC), a federal agency with expertise in trade and IP enforcement. This comprehensive guide is designed to illuminate the intricacies of Section 337 investigations, offering a step-by-step guide to the procedure and shedding light on the ITC as an alternative legal venue for IP disputes. It highlights the advantages of utilizing the ITC for cases involving importation of infringing products, often providing faster resolutions and powerful remedies such as exclusion orders and cease-and-desist orders. Written by experienced attorneys who have practiced Section 337 litigation in the ITC, U.S. district courts, and circuit courts of appeal, this serves as a valuable resource for both seasoned IP professionals and newcomers. By understanding Section 337’s full potential, practitioners can better advise their clients on the optimal forum for enforcing their IP rights, ensuring more effective legal strategies in today’s global economy.

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