What are Section 337 investigations?

Unfair import (a.k.a., Section 337) investigations conducted by the U.S. International Trade Commission most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.

What is section 337 enforcement?

Under Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337), the Commission conducts. investigations into allegations of certain unfair practices in import trade. Section 337 declares. the infringement of certain statutory intellectual property rights and other forms of unfair.

What is Section 337 of the Tariff Act of 1930?

337 of the Tariff Act of 1930 (“Section 337”) is one of the statutes that prohibit unfair trade or unfair competition in importation, and it aims at protecting intellectual property at the United States borders.

How long do ITC investigations last?

Unlike district court cases, which can drag on for years, a trial-like evidentiary hearing typically is held within nine to 12 months after filing. An FD typically issues within 15 to 16 months (see Box, Typical Timelines: Section 337 Investigation Versus District Court Litigation).

What is an ITC proceeding?

The U.S. International Trade Commission (“ITC”) is a federal agency that oversees actions against unfair trade practices, such as patent, trademark, and copyright infringement. The ITC handles IP cases involving imported goods under Section 337 of the Tariff Act of 1930.

What are ITC proceedings?

What is general exclusion order?

An exclusion order is a type of order that the USITC is authorized to issue as a remedy in an investigation under section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) when it determines that a violation of section 337 has occurred. Such orders bar the named product or products from entry into the United States.

What is ITC lawsuit?

ITC Limited has filed a Rs 100 crore defamation lawsuit against blogger and portfolio manager Manu Rishi Guptha in the Calcutta High Court, CNBC TV 18 reported on July 13. The action was taken against Guptha for a “mischievous” blog posted against the top management of ITC.

What is an ITC complaint?

2 The ITC complaint must allege that products are being imported into the United States that “infringe a valid and enforceable United States patent” and that there is “domestic industry”—i.e., “an industry in the United States, relating to the articles protected by the patent . . . [

What is ITC patent litigation?

ITC proceedings allow patent holders to obtain significant prospective relief without filing actions against numerous foreign and/or domestic infringers. As a result, accused infringers often face the possibility of having entire product lines – or perhaps their entire business – barred from the U.S. market.

How do you get an exclusion order?

2.6 An exclusion order can be granted by the court if it appears to the court that the making of the order is necessary for the protection of the applicant or any child of the family from any conduct or threatened or reasonably apprehended conduct of the other party which is or would be injurious to the physical or …

Who wrote the exclusion order?

Gen. John L. DeWitt
A series of orders issued by Gen. John L. DeWitt as head of the Western Defense Command (WDC) directing the exclusion of “all persons of Japanese ancestry, including aliens and non-aliens” from designated areas on the West Coast.