On The Rise: Nonstatutory Causes Of Action At ITC

Law360, New York (December 13, 2013, 12:26 PM EST) -- The vast majority of U.S. International Trade Commission investigations under Section 337 of the Tariff Act of 1930 (codified at 19 U.S.C. § 1337) involve alleged infringement of statutory intellectual property rights, such as patents, trademarks, or copyrights, but a growing number of investigations involve allegations of other “unfair methods of competition and unfair acts.”

According to TianRui Group Co. Ltd. v. U.S. International Trade Commission, a 2011 decision from the Court of Appeals for the Federal Circuit, these “nonstatutory” causes of action are defined by...
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