Andrew Beverina is Of Counsel with Womble Bond Dickinson. He has more than two decades of trial and litigation experience focused on patent litigation disputes in district courts and before the ITC. A former Senior Investigative Attorney in the Office of Unfair Import Investigations with the ITC, Beverina represented the public interest in dozens of 337 investigations at the violation stage, in remand proceedings, enforcement proceedings and 100-day proceedings. He practices in Womble Bond Dickinson’s Washington, D.C. office.
A recent policy change at the U.S. International Trade Commission (ITC) provides a lesson in how to properly draft a key requirement in a Section 337 complaint. The ITC is a popular forum for companies facing unfair competition from imported goods that infringe intellectual property rights. Companies alleging unfair competition can file a complaint asking the ITC to institute what is called a Section 337 investigation and issue exclusion orders barring entry into the United States of the offending goods. To prevail in a Section 337 investigation, the complainant must show, among other things, it has made investments in the US to exploit its intellectual property—the “domestic industry” requirement.