ITC Focuses On The Facts, Not The Hype

Law360, New York (January 31, 2013, 6:09 PM EST) -- Over the past decade there has been a tremendous increase in the number of Section 337 cases filed at the U.S. International Trade Commission: an increase of over 530 percent from fiscal year 2000 to fiscal year 2011. The commissioners and their professional staff have consistently sought to understand the reasons behind this increase and to predict whether it was a long-term trend or a short-term phenomenon. The top four reasons were consistent over time: expeditious adjudication, expert judges, in rem jurisdiction and an effective remedy. Although the spectrum of products, industries and intellectual property rights considered by the commission is broad, the prevalence of high-technology products with shorter product life cycles underscores why the four cited reasons make the ITC an attractive venue for domestic industries battling infringing imports....

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