International Trade Commission § 337 Practice

Section 337 investigations, are conducted by the United States International Trade Commission and most often involve allegations of patent and trademark infringement by importers of goods. The primary remedy is an exclusion order that directs Untied States Customs to stop infringing imports from crossing the border. The International Trade Commission may also issue cease and desist orders against named importers and other persons engaged in unfair acts that violate § 337. Expedited relief in the form of temporary exclusion orders and temporary cease and desist orders are also be available in certain exceptional circumstances.

Section 337 investigations, are conducted pursuant to 19 U.S.C. § 1337 before administrative law judges. As such Section 337 investigations have become powerful weapons to keep infringing products out of the United States. Used effectively, the holder of United States patents and trademarks can wage war on foreign competition in ways that is not available in traditional patent litigation. Whether you are a company seeking to exclude infringing products or a company that is subject to a Section 337 action aimed at keeping your products out of the United States, you need a skilled and experienced that understands and has experience with the rules. ITC § 337 proceedings are different, rigid and extremely complicated. Section 337 proceedings are therefore highly technical and expensive. Murchison & Cumming’s attorneys have handled several ITC matters and are readily available to assist the firm’s clients navigate this highly specialized area of the law.