Chance Favors the Prepared: 100-Day Proceedings in Section 337 ITC Investigations
Highlights
Section 337 IP/trade investigations generally move at a rapid, unforgiving pace over several months
When the ITC places an issue into a 100-day proceeding, this pace is even faster, though more focused
Companies considering bringing or defending against claims in these investigations should be prepared if the ITC places an issue into a 100-day proceeding, particularly if no party asked for one
This adage applies especially in International Trade Commission (ITC) Section 337 investigations where deadlines come much sooner than in district court litigation. The 30 days between the filing of an ITC complaint and the start of an investigation – the storm before the storm – is critical for any company sued in these intense, fast-paced investigations.
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