Section 337 and Patent Disputes
With the proliferation of more complex trade agreements, often involving intellectual property (IP) provisions, such cases are increasing in frequency. A salient feature of IP disputes is their multifaceted nature, with various case components that involve complicated industries and experts across diverse fields. CapTrade has provided analytical and other litigation support in numerous areas of IP cases. As participants in these cases are often multinational corporations, their outcomes can have potentially enormous consequences for consumers, workers, and the future of relevant industries, in addition to the litigants themselves.
Section 337 and Intellectual Property
Intellectual property disputes in the international arena often take the form of trade remedy actions filed under Section 337 of the Tariff Action of 1930 (19 U.S.C. §1377). This statute declares the infringement of certain statutory intellectual property rights and other forms of unfair competition in import trade to be unlawful practices. Investigations under this provision are conducted by the United States International Trade Commission. Among the issues that our economic experts have provided testimony in Section 337 cases include:
Domestic Industry
Limited Exclusion Orders, including downstream relief (EPROMs)
General Exclusion Orders
Temporary Exclusion Orders
Bonding
Public Interest
Commercial Success
Presidential Review Phase
