ITC Section 337

The ITC is a trade court empowered to investigate and remedy many kinds of unfair acts and competition in the importation of articles into the US. The ITC’s combination of unique rules, extreme speed, and powerful remedies makes it an extremely attractive venue for prospective complainants looking to quickly exclude unfair actors from the US market. For respondents, this same combination of factors means that hiring knowledgeable, experienced ITC counsel is critical to countering a complainant’s leverage in this unforgiving forum.

Why Section 337

The ITC is a federal agency with broad authority to investigate and remedy unfair acts and competition in the importation of articles into the US. If a violation of the statute is found, the ITC can issue powerful, enterprise-threatening remedies—an exclusion order that blocks product from being imported into the US and a cease and desist order that prevents the sale of product that has been previously imported into the US (such as product stored in a warehouse awaiting retail sale).

Compared to state or Federal court, Section 337 investigations move very quickly. Litigants can expect the Commission’s final determination in around 17 months, with broad yet expedited fact and expert discovery over the course of six to seven months and a five-day evidentiary hearing at around nine months. This is compared to district court cases which can take years to just get to trial.

And Section 337 is not just about patents. The ITC can institute an investigation based on a wide range of alleged “unfair acts,” including trade secret misappropriation, trademark and trade dress infringement, false advertising, and other unfair competition tied to imported products. Importantly, even acts occurring exclusively abroad, such as the foreign misappropriation of trade secrets, can support a complaint when it results in an importation into the US.

Why Weil

Weil is uniquely positioned to safeguard your intellectual property, ensure that your products remain secure, and, ultimately, protect your critical market share in this high-stakes forum.  Indeed, we feature an unparalleled depth of experience and record of success at the ITC. Our lawyers have handled more than 150 ITC cases, including more than 50 cases that have gone through trial. And we have received tremendous accolades for our ITC practice—our team has been recognized by Chambers for its excellence; features those who were recently named “ITC Practice of the Year” and “ITC Practitioner of the Year” for 2025 by Managing IP; and includes a recent President of the ITC Trial Lawyers Association. This depth of ITC experience is within an overall IP practice that includes experience in a broad range of practices, technologies, and sciences. Weil has deep expertise in the full breadth of claims actionable under Section 337, including patent, trademark, and copyright infringement, trade secret misappropriation, Lanham Act claims, and other forms of unfair competition. From a technical perspective, Weil lawyers routinely handle investigations involving semiconductors, consumer electronics, biotechnology and medical devices, telecommunications and networking products, and complex mechanical systems.

Weil also has well-recognized expertise in all of the related proceedings that often follow a Section 337 investigation. Appeals are handled in close coordination with Weil’s award-winning Appeals and Strategic Counseling practice. We also advise clients regarding the enforcement of exclusion orders before U.S. Customs, including administrative ruling requests under 19 CFR § 177, as well as ancillary proceedings before the ITC such as Enforcement Actions, Modification proceedings, and the like.

Section 337 matters often arise alongside parallel district court actions, Patent Office proceedings, and in the context of broader cross-border commercial disputes. Weil’s global, integrated, multi-disciplinary platform allows us to deploy and scale teams across the country and the globe to put our clients in the best possible position to achieve their legal and business objectives.