624 Pages Posted: 10 May 2010
The U.S. International Trade Commission has emerged as one of the most salient patent enforcement venues in the United States. Its fast-track procedures – typically producing determinations within 12 to 16 months of initiation of an investigation – and potent exclusion remedy have brought the ITC to center stage in patent enforcement over the past several years. The ITC now conducts more full patent adjudications on an annual basis than any district court in the nation. The ITC’s six Section 337 administrative law judges (ALJs) focus almost exclusively upon patent investigations, making the ITC the only specialized trial-level patent adjudication forum in the nation. Given the importance of international trade to high technology markets, the ability to exclude goods at the border provides a valuable strategic option for a growing number of patent owners. This guide, modeled after the Patent Case Management Judicial Guide, provides comprehensive analysis of the management of Section 337 investigations.
Keywords: Patent, Patent Case Management, International Trade Commission, Section 337
Suggested Citation: Suggested Citation
Menell, Peter S. and Busey, George Brian and Cordell, Ruffin and Davis, Mark G. and Powers, Matthew D. and Sobin, Sturgis, Section 337 Patent Investigation Management Guide. UC Berkeley Public Law Research Paper No. 1603330. Available at SSRN: https://ssrn.com/abstract=1603330 or http://dx.doi.org/10.2139/ssrn.1603330
By Peter Menell