This will focus on IP litigation at the ITC - understanding the forum, its policy goals, and why it has become so central to companies importing goods into the U.S. We will offer unique insight into recent trends at the ITC in areas of particular interest to international practitioners, including the ITC’s unique “domestic industry” requirement for those filing a Section 337 Complaint, how companies must be very cautious in obtaining proper jurisdiction in this forum, and the implications of manufacturing and selling products subject to an exclusion order. We will also discuss recent developments in trade secret litigation at the ITC as well as how companies must be proactive in defending 337 cases by using effective redesign techniques and potential offensive.
This panel was presented at the Fall 2023 Asia/Pacific Conference on “Law and Technology in a Changing World” in Seoul, South Korea.
