Avoiding 3 Problems With ITC Section 337 Remedies

Law360, New York (January 6, 2009, 12:00 AM EST) -- A business can get relief from the International Trade Commission (ITC) by proving that a foreign business is using unfair methods of competition and unfair acts in the importation of a product or article, such as by infringing a U.S. patent, trademark or copyright.

To get relief against such infringement, a business starts a Section 337 proceeding at the ITC. The desired relief — a Section 337 remedy — usually involves some form of exclusion of the article that is being unfairly imported into the U.S....
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