A Lawyer’s Guide to Section 337 Investigations before the U.S. International Trade Commission

by Schaumberg, Tom M.

• ISBN13: 9781634253789
• ISBN10: 1634253787
• Edition: 3rd
• Format: Paperback
• Copyright: 2017-12-07
• Publisher: American Bar Association

Summary

This in-depth guide to Section 337 investigations reflects insights from decades of cumulative experience before the U.S. International Trade Commission. As practice under Section 337 has grown, particularly in the last several years, so has interpretation of the law. Many precepts once taken for granted have been overruled and others have arisen that will survive until challenged in the future. This revised and essential guide provides a clearly written explanation of practice under Section 337 before the U.S. International Trade Commission for those who are not familiar with it, or for those who want a quick update about what to expect when filing a complaint or in being named as a respondent in a Section 337 investigation.

Written by attorneys with extensive experience with Section 337 cases, A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission includes informed analysis and explanation of the participants in these investigations and discusses the unique role played by the ITC. It also focuses on the procedural rules of a Section 337 investigation, including preparation of a complaint, the discovery process and other pre-hearing procedures, the hearing and post-hearing processes and the remedies available to a successful complainant. Other topics addressed include enforcement of a violation ruling, parallel litigation and appellate court review of Commission decisions.

Table of Contents

Table of Contents

Preface
List of Abbreviations
Chapter 1: Introduction to Section 337 Investigations
Chapter 2: Uniqueness of the ITC
Chapter 3: Types of Investigations
Chapter 4: Participants
Chapter 5: Elements of a Section 337 Investigation
Chapter 6: Commencement of the Investigation
Chapter 7: Discovery
Chapter 8: Termination Prior to Hearing
Chapter 9: Pre-Hearing Preparation
Chapter 10: Hearing and Post-Hearing
Chapter 11: Remedy, Public Interest, and Bonding
Chapter 12: Commission Review of ALJ Decisions and Presidential Review of Commission Remedial Orders
Chapter 13: Federal Circuit Review of Section 337 Determinations
Chapter 14: Parallel and Subsequent District Court Litigation
Chapter 15: Enforcement, Advisory Opinions, and Design-Arounds
Chapter 16: Frontiers of Section 337