Navigating 337 Investigations: Pathways to Success at the ITC *

Navigating 337 Investigations: Pathways to Success at the ITC *

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Famously, section 337 investigations before the U.S. International Trade Commission (ITC) are fast. By statute, the ITC must conclude section 337 investigations “at the earliest practicable time . . .” 19 U.S.C. § 1337(b)(1). Investigations institute within 30 days after the Commission receives a complaint, evidentiary hearings (akin to trial) regularly occur within 8–9 months, and the ITC’s target dates for completing investigations routinely land at 14–16 months. Because time is precious, section 337 litigants must prioritize developing their strategies at the outset of an investigation. This panel will discuss developing strategies critical to success in the investigation.

In addition to discussing strategic considerations and pathways to success at the ITC, the panel will also discuss:

• The use of the ITC as a piece of an overall enforcement strategy.
• What impact will the Supreme Court’s overruling of Chevron have on and for the ITC?
• The current state of “domestic industry” at the ITC.
• How could ITC reform change pathways to success at the ITC?
• Standard Essential Patents (SEPs) at the ITC.

Materials

Will the Third Time Be the Charm for ITC Reform?

The Strategic Importance of the ITC for Patent Owners

Planning for Success in Section 337 Investigations

Strategic Considerations for Pre-Institution Filings in Section 337 Investigations

CAFC Affirms ITC View on Aggregation of Domestic Industry Costs for Disparate Patents

Survey

https://www.surveymonkey.com/r/Navigating-337-Investigations