Infringing Products Seized at the Border: U.S. International Trade Commission Investigations

The U.S. International Trade Commission (ITC) is arguably the most powerful venue in the world to address potentially infringing imported goods.

The ITC’s power to direct U.S. Customs and Border Protection agents to seize imported products of companies sued at the ITC – those named in a Section 337 complaint as well as those not named – is unparalleled. Manufacturers, importers and other companies that have violated an ITC inventory order have also been fined millions of U.S. dollars.

Unlike intellectual property infringement cases brought in federal court, Section 337 investigations at the ITC involve numerous additional issues, almost unlimited discovery, and irredeemable deadlines. Barnes & Thornburg’s Section 337 team in Washington, D.C., will lead an overview discussion on:

• What to expect in Section 337 investigations and what is at stake
• What do first-time respondents need to consider
• Overview of proceedings/orders the ITC can issue
• Understanding the unique Section 337 timelines
• The interplay among ITC, federal court, and PTAB proceedings

Questions? Email Lindsay Hulliberger or call 312-214-5661.