Empirical Studies of the International Trade Commission

2 Research Handbook On The Law & Economics Of Intellectual Property (Peter S. Menell & David L. Schwartz, eds., Edgar Elgar Publishing)(2017 Forthcoming)

Santa Clara Univ. Legal Studies Research Paper No. 2-17

10 Pages Posted: 4 May 2017 Last revised: 23 Jul 2017

See all articles by Colleen V. Chien

Colleen V. Chien

Santa Clara University - School of Law; Stanford University - Department of Management Science & Engineering

David L. Schwartz

Northwestern University - Pritzker School of Law

Date Written: May 1, 2017

Abstract

[Pursuant to Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) regularly hears patent cases and provides injunctive relief from infringing imports. Several features of the ITC’s Section 337 authority make it well-suited for empirical patent scholarship and policy inquiry. First, while the jurisdiction of Section 337 overlaps with that of federal courts (about 70% of ITC 337 cases have a district court counterpart), many of its procedures distinguish it from the district court, including faster adjudication, streamlined procedures, the lack of a jury and counterclaims, and nearly automatic injunctive relief. These characteristics support an analysis of various institutional design features on party behaviors and outcomes. Second, the long-standing overlap between the jurisdiction of the district courts and ITC provide a case study in the coordination between parallel venues litigating the same dispute, which has become more commonplace in light of the rise of inter partes review proceedings, most of which have a parallel district court filing. Finally, because the ITC’s rules require a domestic injury and the frequent grant of cease and desist orders or exclusion orders (which operate similar to district court injunctions), the ITC has come under policy scrutiny. Some argue that the ITC is unfairly protectionistic, and that patent holders who have had a harder time getting injunctions in district court following the Supreme Court’s eBay decision are forum shopping at the ITC. This chapter describes the features of the ITC and the main policy and theoretical questions that have animated study of the ITC’s 337 authority, what we do and don’t know, and possible directions for future research. enter Abstract Body]

Keywords: ITC, International Trade Commission, Section 337

Suggested Citation

Chien, Colleen V. and Schwartz, David L., Empirical Studies of the International Trade Commission (May 1, 2017). 2 Research Handbook On The Law & Economics Of Intellectual Property (Peter S. Menell & David L. Schwartz, eds., Edgar Elgar Publishing)(2017 Forthcoming), Santa Clara Univ. Legal Studies Research Paper No. 2-17, Available at SSRN: https://ssrn.com/abstract=2963251

Colleen V. Chien (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-4534 (Phone)
408-554-4426 (Fax)

Stanford University - Department of Management Science & Engineering ( email )

473 Via Ortega
Stanford, CA 94305-9025
United States

HOME PAGE: http://https://sites.google.com/view/colleenchien/

David L. Schwartz

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
99
Abstract Views
631
rank
330,833
PlumX Metrics