03 Oct 2023
ITC Early Dispositions: 100-Day Proceedings and Interim Initial Determinations
Wrap up your investigation early with guidance on options for early resolution at the International Trade Commission (ITC). This practice note provides guidance on the likelihood a complaint may (or should) be subject to a 100-day proceeding or Interim Initial Determination (ID). A Section 337 investigation is considered fast-paced (2022 investigations on average took about 17 months to reach final determination on the merits), but a 100-day proceeding, and an Interim ID allow an investigation or specific issue to be disposed even earlier, where warranted.
Related Content
- ITC Section 337 Investigations: Prehearing Resolutions
See this discussion of ways to resolve an investigation at the ITC before the evidentiary hearing, including key procedural and content requirements, preliminary considerations, and potential risks and benefits for the following types of resolution: Motions to Terminate, Withdrawal of the Complaint Default, and Motions for Summary Determination.
- ITC Section 337 Investigations in Patent Infringement: Pre-suit Considerations
Check out this guidance for patent owners who are considering the ITC as a forum. This practice note addresses: the legal and practical considerations that should inform a patent owner's decision to initiate a Section 337 investigation; how to conduct a pre-suit investigation for a Section 337 action (including identifying potential respondents, evaluating which patents and theories of infringement to assert, and gathering evidence of importation and domestic industry); and preparing a Section 337 complaint for patent infringement.
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