ITC Gets Creative To Limit NPE Access Under Section 337
April 2, 2013, 2:42 PM EDT
Law360, New York (April 2, 2013, 2:42 PM EDT) -- The United States International Trade Commission is the administrative agency tasked with administering 19 U.S.C. § 1337, commonly known as Section 337. That statute makes it unlawful, among other unfair acts, to import any article into the United States that infringes a valid and enforceable U.S. intellectual property right.
As an international trade statute, Section 337 requires a complainant to prove it has a "domestic industry" related to the intellectual property being asserted, making it an essential element of a Section 337 violation. Historically, complainants...