Ropes & Gray intellectual property litigation partner Matt Rizzolo recently recorded a video for Thomson Reuters’s Practical Law on the topic of post-termination proceedings and Section 337 investigations at the U.S. International Trade Commission (ITC).
Section 337 investigations involve inquiries into unfair acts, most often patent infringement, in the importation of products into the United States, and can result in the infringing products being excluded from entry into the United States. A litigant’s options after the ITC issues an exclusion order is an area of increasing focus for companies involving in Section 337 matters.
In the video, Matt explains the different avenues available to Section 337 litigants – both at the ITC and before U.S. Customs – and describes the advantages and disadvantages of each, both for patent owners enforcing their rights and those defending against claims of infringement before the ITC.
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