By Daniel Valencia (January 18, 2018, 1:33 PM EST) -- The U.S. International Trade Commission is a powerful forum for litigating unfair trade cases involving a variety of causes of action under 19 U.S.C. § 1337, ranging from statutory intellectual property rights like U.S. patents to anti-competitive conduct. An ITC investigation differs from litigation in district court in several important respects. One important difference is that the adjudication process, which involves discovery and trial before an administrative law judge, is followed by a "final initial determination" (final ID) that goes to the full commission for review. The final ID is not as oxymoronic as it sounds when one considers the preliminary nature of the decision on the merits, i.e., the final ID is subject to commission review, and the fact that the final ID is the last, i.e., final, order that the ALJ issues before the entire case goes to the commission. Although the importance of creating the proper evidentiary record before the ALJ cannot be overstated, the power of the commission in making its final adjudication extends well beyond those of an appellate body. Because cases can be won or lost on commission review, this stage warrants proper attention for both complainants and respondents seeking to change the course of a Section 337 proceeding....