Protecting Innovation Through ITC Actions
The International Trade Commission provides a powerful forum for addressing patent infringement by imported products. Our ITC practice represents both complainants seeking exclusion orders and respondents defending against Section 337 investigations.
Domestic Industry Requirement
ITC jurisdiction requires showing a domestic industry relating to the patents. We help complainants establish domestic industry through evidence of manufacturing, research, licensing, or other qualifying activities in the United States. We challenge inadequate domestic industry showings when defending.
Exclusion Orders
The ITC can issue exclusion orders barring infringing imports from entering the United States. We pursue general exclusion orders providing broad protection and limited exclusion orders targeting specific parties. These orders are enforced by U.S. Customs.
Accelerated Timeline
ITC investigations proceed faster than district court litigation, typically 12-18 months to a final determination. This accelerated schedule provides faster relief but requires significant resources early in the case.
Discovery and Hearing
ITC discovery is compressed but comprehensive. We manage intensive discovery schedules, prepare witnesses, and develop expert testimony. Evidentiary hearings before Administrative Law Judges require thorough preparation and effective advocacy.
Commission Review
ALJ initial determinations are subject to Commission review. We advocate before the full Commission on legal and policy issues. We address remedy, bonding, and public interest considerations.
Coordination with District Court
ITC and district court proceedings often proceed in parallel. We coordinate strategy across forums, leveraging ITC proceedings for overall advantage while managing interactions between cases.