By Paul Goulet and Cyrus Frelinghuysen (October 29, 2018, 2:03 PM EDT) -- Section 337 investigations conducted by the U.S. International Trade Commission offer a party seeking to enforce its intellectual property rights the opportunity to obtain extraordinary relief — an import ban on infringing products. This has made the ITC an increasingly popular forum. Companies filed a record high 79 complaints in fiscal year 2016, followed by 64 in 2017 and 74 in 2018.[1] To prevail in a Section 337 proceeding, a party who files a complaint must demonstrate the existence of a "domestic industry" protected by its intellectual property. For example, if a complainant alleges that one or more parties are importing cars that infringe a patent, the complainant must show that it has made substantial investments in the United States related to its own patented cars. This is known as the "domestic industry requirement."...