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Experienced ITC 337 Litigation Lawyers Protecting Your Rights

In the fast-evolving world of technology, protecting your intellectual property (IP) is not just a necessity – it’s a critical strategy for maintaining your competitive edge. At PV Law LLP, located in Washington, D.C., our attorneys combine deep industry experience with technical degrees in fields like engineering, computer science, biochemistry and molecular biology. With over a century of collective experience, our team offers substantial IP insights paired with cost-effective solutions. We serve a global clientele, providing cost-effective legal services in English, Korean and Chinese.

What Is A Section 337 Investigation?

A Section 337 investigation is conducted by the United States International Trade Commission (ITC) and assesses whether unfair practices in import trade have occurred. This type of investigation often focuses on allegations of patent infringement and other violations of intellectual property rights. It is designed to protect U.S. industries from the detrimental impacts of imported goods that unfairly compete by infringing on legally established U.S. patents, trademarks and copyrights.

The essence of Section 337 investigations lies in their ability to provide swift and effective relief to American businesses facing unfair competition from imports. By addressing these complaints, the ITC helps maintain a level playing field for domestic industries, ensuring they can compete fairly in the global market. This not only supports the economic health of individual companies but also bolsters the overall integrity of U.S. industries, fostering innovation and safeguarding American jobs.

Section 337 investigations are critical in upholding the principles of intellectual property rights, a cornerstone of U.S. trade policy that encourages creativity and technological advancement. By enforcing these rights, the ITC plays a crucial role in promoting fair competition, and encouraging the development of new products and processes, which are essential for economic growth and competitiveness on a global scale.

The 337 Investigation Process

The process begins when an IP holder files a complaint with the ITC, alleging unfair practices in import trade. The ITC then evaluates the complaint to determine whether to initiate an investigation. Once approved, the ITC proceedings unfold in a manner akin to a federal court trial; however, they are typically faster, usually concluding within 15 months.

Throughout the investigation, both sides present evidence and arguments, and an administrative law judge issues an initial determination. This ruling can lead to exclusion orders, which prevent infringing products from entering the U.S., effectively enforcing patent protection at the border.

How To Start A Section 337 Investigation

Starting a Section 337 investigation takes a lot of work for the complainant, usually a patent owner claiming unfair trade practices. First, a detailed complaint is filed at the ITC. The complaint is a significant document that must follow strict rules to avoid delays or rejection. Hiring a skilled lawyer helps complainants build a solid case and respondents prepare a strong defense.

Drafting the complaint: Complainants create a thorough complaint that shows evidence of unfair acts, like patent infringement, lists the imported goods and harm caused, names the respondents and accused parties, and includes details about the patents involved and the alleged infringement. This step requires finding and showing proof of infringement and importation beforehand.
Proving domestic industry: Complainants must also show a domestic industry exists for it or its licensee in the United States, which is a key ITC rule. They must prove a significant U.S. investment in manufacturing or research tied to the patent. This has two parts:
- Economic part: Complainants show significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, licensing, sales, marketing, warehousing, or related activities
- Technical part: The investments must further be directed to articles that practice a valid claim of the asserted patent.

Failing to adequately plead the domestic industry requirement can sink the complaint, so complainants need legal guidance early in the process since respondents likely will use this as a defense.

Gathering documents: Complainants must submit proof such as patent papers, charts showing infringement and evidence of importation. These must be precise, as mistakes can cause delays or dismissal.
Filing and ITC review: Complainants submit the complaint, and the ITC reviews it within 30 days. If the ITC approves, an administrative law judge (ALJ) takes over and the fast-paced case begins. Both sides need to act quickly.

The complaint and domestic industry rules are tricky. Complainants and respondents should immediately hire a lawyer to handle these steps and avoid mistakes in this fast-paced process.

ITC Timeline

Unlike slower court cases, section 337 investigations are swift, finishing in 12–18 months. Tight deadlines, like 14-day discovery responses instead of 30 days, mean complainants and respondents need immediate legal representation to stay on track. The following is a list of key stages and what they mean:

Day zero (filing the complaint): Complainants file the complaint with the ITC to start the case. Respondents should hire a lawyer to prepare, as they’ll hear about it soon.
Within 30 days (ITC decides to investigate): The ITC reviews the complaint and decides whether to investigate. If approved, an ALJ takes the case, and the ITC publishes a notice naming the respondents. Once the notice publishes, discovery begins. Responses to discovery are due within 14-days, so lawyers must work quickly.
Less than one month after the start of the case (response to complaint): Respondents must respond to the very detailed complaint. Responding to the complaint requires more detail than in a district court action.
One to two months after the start (case management meeting): The ALJ holds a meeting to set discovery and hearing deadlines.
Three to six months (discovery phase): Both sides dive into discovery, sharing documents, responding to interrogatories and requests for admission and taking depositions. The 14-day deadlines require fast action to handle the large amount of evidence.
Six to nine months (Markman hearing, if needed): If the parties disagree on patent terms, the ALJ holds a Markman hearing to settle them. Strong legal arguments here can shape the case’s outcome.
Nine to 12 months (evidentiary hearing): The ALJ conducts a trial-like hearing in which both sides present evidence and arguments. This happens much faster than in regular courts, so preparation is key.
12-14 months (initial decision): The ALJ decides whether the respondent violated Section 337, which covers infringement, patent validity and domestic industry. Parties can ask the ITC to review it.
14-16 months (ITC final decision): The ITC reviews the ALJ’s decision and issues a final ruling, deciding on remedies like blocking imports or stopping sales. They may consider public interest factors.
16-18 months (presidential review and appeal): The ITC’s remedies face a 60-day presidential review, where the president can veto them, but rarely does. After that, parties can appeal to the U.S. Court of Appeals for the Federal Circuit.

The ITC’s tight timeline, especially the 14-day discovery deadlines and quick hearings, means complainants and respondents must hire a lawyer immediately to manage the pace, and build a strong case.

The Role Of An Attorney In An ITC 337 Investigation

Navigating ITC 337 litigation requires a legal team that is well-versed in ITC proceedings and deeply understands technology and U.S. trade law. Our attorneys at PV Law LLP will guide you through every stage of the Section 337 investigation process. From preparing the requisite filings, conducting discovery, representing you during hearings and ensuring compliance with any resulting orders, our team works diligently to protect your innovations and your business’s market position.

Get The Sophisticated Representation You Need To Succeed

At PV Law LLP, our commitment is to provide you with sophisticated, knowledgeable defense in the realm of ITC investigations. Our attorneys are ready to represent you in the courtroom and beyond. Trust us to safeguard your technological innovations with the same precision and dedication with which they were developed.