Section 337 and Patent Disputes

Section 337 and Patent Disputes

Intellectual property disputes in the international arena often take the form of trade remedy actions filed under Section 337 of the Tariff Action of 1930 (19 U.S.C. §1377).  This statute declares the infringement of certain statutory intellectual property rights and other forms of unfair competition in import trade to be unlawful practices. Investigations under this provision are conducted by the United States International Trade Commission.  Among the issues that our economic experts have provided testimony in Section 337 cases include:

  • Domestic Industry
  • Limited Exclusion Orders, including downstream relief (EPROMs)
  • General Exclusion Orders
  • Temporary Exclusion Orders
  • Bonding
  • Public Interest
  • Commercial Success
  • Presidential Review Phase

Capital Trade experts were testifying witnesses in seminal decisions before the ITC:

  • Certain Multimedia Display and Navigation Devices and Systems (Inv. No. 337-TA-694);
  • Semiconductor Chips and Products Containing Same (Inv. No. 337-TA-753);
  • Printing and Imaging Devices and Components Thereof (Inv. No. 337-TA-690); and
  • Certain Computer Forensic Devices and Products Containing The Same (Inv. No. 337-TA-799).

In the Presidential Review Phase, CapTrade experts have appeared before the Council of Economic Advisers, the Department of Treasury, and the Department of State.

CapTrade experts have also testified in patent disputes in federal court, as well as submitting declarations and expert reports to the U.S. Patent and Trademark Office.

For more information contact Andrew Szamosszegi.


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