We’re delighted to introduce our ITC Section 337 series. The series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business.

What’s ITC and how can it affect my business?

ITC Investigations under 19 U.S.C. § 1337 (“Section 337”) are initiated by companies who have made domestic investments to exploit their intellectual property and believe competing entities are importing products into the United States in violation of their patent, trademark, copyright, or trade secret intellectual property rights. The ITC, based in Washington D.C., has the authority to issue exclusion orders prohibiting those products from being imported into the U.S., and usually adjudicates complaints much more quickly than U.S. district courts. Due to the speed, rigor, and differing procedures and requirements inherent in ITC Section 337 litigation, parties that file and defend ITC cases will face critical strategic choices.

In this update we cover the following issues:

  • Commission Expands Exclusion Order to Include Component of Infringing Device: The Commission amended its exclusion order to expressly provide that if a transducer (or other component) is for “kitting” and not for individual sale after importation, then such would fall within the scope of the exclusion order.
  • Commission Vacates ID Holding Certain Asserted Patents In 973 Investigation Invalid For Claiming Abtract Idea Under 35 U.S.C. § 101: Commission vacates Initial Determination holding certain patents directed to gathering and monitoring data on biometric monitoring devices invalid for claiming an abstract idea under 35 U.S.C. §101.
  • Commission Directs Consolidation of Hoverboard Investigations 1007 and 1021: The Commission directed consolidation of Certain Personal Transporters And Components Thereof, Inv. No. 337-TA-1021 (“1021 Investigation”) and Certain Personal Transporters, Components Thereof, And Packaging And Manuals Therefor, Inv. No. 337-TA-1007 (“1007 Investigation”) “in view of the overlapping general exclusion orders requested in the two investigations.”
  • Update on the Commission’s Early Disposition Pilot Program: Exploring two recent decisions by the Commission involving the Early Disposition Pilot Program.

Read more in our full ITC § 337 update here