International Trade Commission
The U.S. International Trade Commission (“ITC”) provides a remedy under Section 337 of the Tariff Act against unfair acts and unfair methods of competition in the importation of goods into the United States. For companies with operations in the United States, success in a Section 337 action can provide needed relief from the importation of unfairly traded goods. For importers, a 337 action raises the possibility of imminent exclusion from the U.S. market. Section 337 cases move very quickly, are subject to unique procedural and substantive rules, and typically involve complex, technical subject matter. As a result, intellectual property disputes under Section 337 present a special set of challenges that can be met most effectively by lawyers who are familiar with the ITC’s procedures and precedents. The speed, complexity, presence of the ITC’s investigative staff as an equal party, and unique procedural and substantive issues in 337 cases, all call for counsel who understand the ITC.
Experienced Professionals
Connolly Bove’s ITC practitioners have decades of experience before the Commission, including years of service in the ITC’s Office of Unfair Import Investigations. They have hundreds of hours of trial time in the federal courts and the ITC, including more than 200 hours of trial time before the ITC’s Administrative Law Judges in 337 cases. Using the knowledge gained at the ITC, they have achieved a number of significant firsts. They have handled all phases of 337 matters, from pre-institution through post-trial proceedings, including relief modification and advisory opinion proceedings, as well as parallel federal court actions. Even in cases involving complex technology, trials can be held as quickly as six months after the commencement of 337 proceedings. Connolly Bove’s ability to field an experienced team is particularly important in such cases.
Section 337 Cases and Patent Infringement Disputes
Most Section 337 cases involve patent infringement disputes. Like patent infringement actions in the federal courts, 337 cases require patent litigation expertise, strong engineering or scientific backgrounds, and in-depth understanding of the patent prosecution process. Connolly Bove’s ITC litigation team brings strength to bear in all of these disciplines, in a full range of technologies, including the electrical, chemical, biotechnology and mechanical arts.
Your choice of ITC counsel can be outcome determinative.
Connolly Bove is ITC Smart - Business Savvy - Client Connected®.
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