16 May 2023

ITC – Early Resolutions to Your Investigation

The ITC investigates unfair practices in the import trade under Section 337 of the Tariff Act of 1930, and is known for target completion dates set just 16 months from the date when the investigation began. However, counsel and clients may be interested in resolving the investigation even sooner to save costs, time, and resources. This practice note addresses key procedural and content requirements, preliminary considerations, and potential risks and benefits for the following types of early resolutions:

  • Motions to Terminate
  • Withdrawal of the Complaint
  • Default
  • Motions for Summary Determination

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Related Content                                    

  • ITC Section 337 Investigations in Patent Infringement: Pre-suit Considerations
    This practice note provides guidance to patent owners considering the ITC as a forum. It addresses: (A) the legal and practical considerations that should inform a patent owner's decision to initiate a Section 337 investigation, (B) 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 (C) preparing a Section 337 complaint for patent infringement.
  • ITC Section 337 Investigations in Patent Infringement: Overview
    This practice note provides an overview of Section 337 investigations involving patent infringement allegations at the International Trade Commission (ITC). It discusses the substantive elements of a Section 337 violation and the available remedies at the ITC, how ITC Section 337 investigations differ from district court litigation, and the important procedural steps of a Section 337 investigation.

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