1、Section 337 Actions at the US International Trade Commission,Buchanan Ingersoll & Rooney PC ,James A. LaBarre William C. Rowland Weiwei Ye Stiltner,Section 337 Action,An Administrative Procedure by the International Trade Commission (ITC) to Protect a Domestic Industry against infringement of an Int
2、ellectual Property Right by Imported Goods,Procedure,Filing of Complaint Commission Decides Whether to Investigate Discovery Hearing Initial Determination Commission Review Presidents Review Appeal to CAFC Enforcement,Complaint,Infringement of a US IP Right By Imported Goods US Industry related to p
3、rotected right Investment in Plant and Equipment Significant Employment of Labor or Capital Investment in Exploitation Research and Development Licensing,Response to Complaint,ITC Actions are required to move at a fast pace 20 Days to respond to Complaint Default if no response within time period No
4、 right to appear at hearing Facts in Complaint assumed to be true,Remedies,Exclusion Order General: Applies to all infringing goods Limited: Applies only to goods of parties to action Temporary (during proceeding only) Enforced by US Customs Service at ports of entry into the US,ITC vs US Courts,In
5、re Matter of Certain Zero-Mercury-Added Alkaline Batteries (Inv. No. 337-TA-493 (2007),Filed by Energizer Holdings, Inc. against 9 Chinese battery manufacturers Judge: Patent Valid and Infringed Commission: Patent Invalid and Unenforceable 1st Appeal to CAFC: Reversed and returned to ITC Commission: Maintained its Previous Ruling 2nd Appeal to CAFC: Affirmed ITC Decision,
