May 01, 2018 Feature

The Case for Early Adjudication of Potentially Dispositive Issues at the USITC

By Evan H. Langdon and Paul M. Bartkowski

©2018. Published in Landslide, Vol. 10, No. 5, May/June 2018, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

The United States International Trade Commission (USITC) is an administrative agency tasked with, among other things, administering 19 U.S.C. § 1337, commonly known as section 337. Section 337 defines various types of violations, including “unfair acts in the importation of articles” and “[t]he importation into the United States, the sale for importation, or the sale . . . after importation . . . of articles that . . . infringe a valid and enforceable United States patent.” In practice, investigations under section 337, and the appeals of USITC determinations under section 337, bear many similarities to district court patent trials and appeals.

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