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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.
In August 2023, one complainant filed a new complaint for a violation of Section 337 in the International Trade Commission. Specifically, on August 22, NJOY, LLC, filed a complaint...
Your company (or your client’s company) is an American company. All your offices and employees are here in the United States, likely in the same location....Surely your company thus cannot be sued for patent infringement in the International Trade Commission (ITC).... Not so fast.
Ever since the U.S. Customs and Border Protection designated intellectual property rights, or IPRs, as a priority trade issue, the agency has seized billions of dollars in counterfeit...