The Power of Section 337
Section 337 investigations before the U.S. International Trade Commission provide a powerful tool for intellectual property rights holders to safeguard such IP against infringement in importation.
- Section 337 investigations frequently involve patent infringement however, the ITC’s governing statute grants the authority to investigate a broad range of unfair acts in importation, including copyright and trademark infringement, Lanham Act violations, theft of trade secrets, false designation of origin, antitrust violations, and other forms of unfair competition.
- Section 337 is subject to due process and provides for worldwide discovery, expedited hearings, judges with knowledge in IP law, and effective remedies enforced by U.S. Customs and Border Protection.
Long History With Section 337
AMS TRADE delivers unmatched skill in Section 337 investigations. Our firm:
- Has been involved in approximately 30% of Section 337 ITC investigations since 1981, representing 250+ complainants and respondents alike.
- Offers in-depth understanding of the ITC’s complex rules and procedures, which assures our clients avoid and/or mitigate the pitfalls and accidental procedural errors that can occur.
- Represents a global clientele from a wide range of industries, such as smartphones, GPS equipment, footwear, semiconductor memory modules and connectors, automobile condensers, back supports, automobile tires, biotechnology products, global positioning receivers, fiber optic modems, rotary printers, air impact wrenches, flow measurement devices, exercise machines, lithium-ion batteries, bearings, solar power equipment, electric power tools, and textile machinery components, among others.
In-Depth Understanding of ITC Policy and Procedure
Section 337 investigations can be won or lost in skillfully navigating ITC procedure, which differs substantially from district court. Our clients benefit from our substantive knowledge of ITC operations and case management. Our firm is:
- Grounded in sheer depth of expertise and uniquely qualified attorneys, including a past ITC Chairman and other former ITC attorneys who worked on establishing the very rules and precedents still applicable today.
- A recognized thought leader in international trade law with attorneys who regularly contribute articles, speeches, and Congressional testimony on current trends in ITC jurisprudence and/or pending changes to ITC policies and procedures.
- Involved in the leading book on Section 337 that is published by the American Bar Association.
- Active in the ITC Trial Lawyers Association and makes a point to engage in and with the ITC’s rule-making process.
A Client’s Interests Do Not End at the ITC
AMS TRADE advises on all stages of a dispute – from the first day of an investigation to the expiration of the exclusion order years later. We are experienced in:
- Navigating the remedial phase of ITC investigations, which poses unusual and complex challenges for parties to Section 337 investigations.
- Addressing public interest issues that, in recent years, have become increasingly important to Section 337 matters.
- Working closely with economic experts on how the ITC calculates the bond during the Presidential review period.
- Advising on Customs’ related on-the-ground enforcement practices, which allows our clients to plan ahead for future product development cycles long after the ITC investigation has concluded.