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 U.S. The ITC’s combination of unique rules, extreme speed, and powerful remedies makes it an attractive venue for prospective complainants looking to quickly exclude unfair actors from the U.S. market. For respondents, this same combination of factors means that hiring knowledgeable, experienced ITC counsel is critical to countering a complainant’s inherent initial advantage 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 further sale or distribution of product already into the US, such as articles stored in a warehouse.

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. By way of comparison, an equivalent district court case can take years just to 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 unfair acts occurring exclusively abroad, such as the foreign misappropriation of trade secrets, can support a complaint when the act is tied to in an importation into the US.

Why Weil

Weil expertly handles all aspects of a section 337 investigation, from pre-filing diligence through the ITC’s final determination. 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 and Modification Proceedings. Indeed, Weil boasts an unparalleled depth of experience and record of success at the ITC. Our lawyers have handled more than 150 investigations, including more than 50 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” by Managing IP; and includes a recent President of the ITC Trial Lawyers Association.

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. This experience is complemented by Weil’s other practice groups, including the Intellectual Property, Patent Litigation, and Trade Secret practices.

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.