When Section 337 Makes Sense

Law360, New York (September 26, 2007, 12:00 AM EDT) -- Patent owners whose IP rights are being infringed by imported goods have a choice of filing a patent infringement complaint in a district court or an unfair trade practice complaint, pursuant to section 337 of the Tariff Act, with the U.S. International Trade Commission (“ITC”).

The overwhelming majority of cases are filed in the district courts: in 2006 there were 2846 patent cases filed in the district courts but only 27 patent-based (out of a total of 30) section 337 complaints filed. Many of these district...
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