Reports of Section 337's Death Have Been Greatly Exaggerated: The ITC's Importance in an Evolving Patent Enforcement Environment
42 Pages Posted: 20 Apr 2015 Last revised: 30 Nov 2015
Date Written: April 17, 2015
The United States International Trade Commission (ITC) is a federal agency with a broad trade and tariff setting mission that includes investigating patent infringement by imported goods. Throughout its existence, the ITC has been challenged by a constantly-evolving patent landscape shaped by increasing technological complexity, corporate organizational complexity, and trade globalization. Historically, the ITC has maintained its strength as a patent infringement adjudication venue by implementing statutory and administrative reforms in response to domestic and international pressures. This Note reviews critiques of Section 337’s position in the patent enforcement landscape and suggests that the ITC’s recent, narrowly tailored procedural changes have continued to maintain the relevance, uniqueness, and attractiveness of the Section 337’s adjudicative power.
Keywords: Patent, Intellectual Property, ITC, International Trade Commission, Section 337
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