Containing Same News Today

The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a...

In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade...

In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade Commission (ITC).

Because time is precious, section 337 litigants must prioritize developing their strategies at the outset of an investigation. Below, we discuss three key elements of a party’s litigation strategy.

Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022.

Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission ("ITC"), but the scope and subject matter of automotive-related investigations is evolving.

On May 19, 2022, ALJ MaryJoan McNamara issued the public version of her March 25, 2022 initial determination.

In 2011, the Federal Circuit in TianRui Grp. Co. v. Int'l Trade Comm'n affirmed the International Trade Commission's (ITC) authority to look to extraterritorial conduct of a respondent to determine whether that...

In 2011, the Federal Circuit in TianRui Grp. Co. v. Int’l Trade Comm’n affirmed the International Trade Commission’s (ITC) authority to look to extraterritorial conduct of a respondent...

A survey of decisions at the International Trade Commission ("ITC") reveals several pitfalls practitioners should seek to avoid when drafting consent orders and stipulations to terminate a Section 337 investigation.