Event Session
Winning at the ITC: Strategies for Success in Section 337 Investigations *
March 4, 2025 @ 2:30 PM EST – Harness IP
2:30 PM ET
March 4, 2025
Winning at the ITC: Strategies for Success in Section 337 Investigations *
Section 337 investigations before the U.S. International Trade Commission (ITC) are fast, to say the least. Indeed, 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 regularly occur within 8–9 months, and the ITC’s targets completion of investigations within 14–16 months after a complaint is filed. Because time is precious, section 337 litigants—whether they are patent owners or accused infringers—must prioritize developing their strategies at the outset of an investigation. This panel will discuss developing strategies critical to success in the fast moving world of the ITC.
In addition to discussing strategic considerations and pathways to winning at the ITC, the panel will also discuss:
- The use of the ITC as a piece of an overall enforcement strategy.
- 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.
Survey
https://www.surveymonkey.com/r/Winning-at-the-ITC
Reference Materials
U.S. FRAND / RAND Licensing Developments of 2024: The ITC and District Courts
The Strategic Importance of the ITC for Patent Owners
The Federal Circuit Could Make the ITC a More Appealing Forum
Section 337 investigations before the U.S. International Trade Commission (ITC) are fast, to say the least. Indeed, 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 regularly occur within 8–9 months, and the ITC’s targets completion of…