Press Release February 27, 2019

Goodwin Updates its ITC Primer on Litigating Section 337 Cases

Goodwin, a leading Global 50 law firm, released its updated ITC Primer, titled “Litigating Unfair Competition Claims Under Section 337 of the Tariff Act: An ITC Primer.”  The Primer offers an overview of Section 337, a statute administered by the U.S. International Trade Commission and enacted to combat unfair trade acts connected with products imported into the U.S.

Section 337 has evolved throughout the years to make it easier for intellectual property holders to assert their rights.  Goodwin’s Primer helps companies navigate the complex landscape―exploring the unique legal and practical aspects of Section 337 and offering insights for litigating these important and often contentious cases.

The Primer features:

  • An Overview of Section 337 – The Primer details how Section 337 cases compare to litigation in U.S. federal court, including relevant statistics regarding the number of investigations instituted and their outcomes.
ITC Guide 2019
  • Elements of a Section 337 Violation – The Primer also focuses on the legal issues a arising in Section 337 investigations, including 1) the unfair acts that can give rise to a violation; 2) the importation requirement; 3) the technical and economic prongs of the domestic industry requirement; and 4) the injury requirement that must be met in those cases not involving alleged infringement of a patent, registered trademark, copyright or mask work. Tied in with the core elements for a 337 violation are discussions related to the legal aspects of potential remedial orders and how they are affected by public interest considerations.
  • Practical Tips for Litigating Section 337 Actions – Interspersed throughout the Primer is commentary on the practical aspects of participating in Section 337 investigations and suggestions for avoiding common pitfalls by both complainants and respondents.

To access the updated ITC Primer in English or Chinese and to join our mailing list, click here.

Goodwin’s 337 practice group has worked with clients appearing as both complainants and respondents in these investigations and has secured summary determinations, favorable Markman rulings, advantageous settlements, victories at trial, and appellate relief. Goodwin attorneys routinely work with clients to take cases from pre-suit investigations through discovery, trials and post-trial proceedings at the Commission level. Goodwin’s ITC team has substantial knowledge of complex investigations under Section 337 at all phases, including pre-institution, post-institution, and post-remedial order. Learn more about Goodwin's ITC Practice.