As part our patent litigation services, our intellectual property attorneys handle ITC Section 337 proceedings before the international trade commission involving intellectual property matters related to patents, trademarks, copyrights, and other related unfair methods of competition.
Whereas a regular patent litigation case in the district courts often involve injunctive relief and monetary damages, the board in an ITC Section 337 has the ability to issue exclusionary orders which may bar the importation of infringing goods into the United States. Though Section 337 investigations are similar to a patent litigation in the District Court, there are also differences. One significant different is the speed of ITC proceedings. It is not unusual at the ITC for a trial on all issues to be scheduled within 6-9 months of the institution of the investigation in contrast to the two or more years in certain district courts. The typical Section 337 case takes only 12 to 15 months until the initial determination compared to a typical 24 month period for district court cases. However, the ITC’s accelerated timetable imposes greater time-pressure, cost, and litigation burdens on the parties to the case.
Because of the accelerated litigation process of an ITC Section 337 proceeding, our ITC Section 337 lawyers are well versed in formal patent litigation before both the district courts and the ITC. Due to the importation issues, our ITC patent lawyers represent many foreign companies involved in ITC Section 337 actions related to patents.
If your company is contemplating or currently involved in an ITC Section 337 proceeding, please contact us to find out how one of our experienced ITC lawyers can help.