Itc Section 337
Section 337 includes what is known as the domestic industry requirement a requirement that the patent holder seeking to enforce its patent rights at the itc must establish that it contributes to.
Itc section 337. 337info unfair import investigations information system. Or ii are made produced processed or mined under or by means of a process covered by the claims of a valid and enforceable united states patent. In addition the commission may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate section 337.
Administrative law judges conduct the trial phase of commission investigations under section 337 of the tariff act of 1930 19 u s c. Section 337 a 1 b of the tariff act of 1930 declares unlawful importation into the untied states the sale for importation or the sale within the united states after importation by the owner importer or consignee of articles that i infringe a valid and enforceable united states patent. Subtitle d 631 634 of title vi of the tax reform act of 1986 enacted sections 336 and 337 of this title amended sections 26 311 312 332 334 338 341 346 367 453 453b 467 852 897 1056 1248 1255 1276 1363 1366 1374 and 1375 of this title and repealed former sections 333 336 and 337 of this title.
They rule on motions during the trial stage and following the trial make an initial determination as to whether a violation of section 337 exists. The primary remedy available in section 337 investigations is an exclusion order that directs customs to stop infringing imports from entering the united states. For complete classification of this act to the code see tables.
Administrative law judges conduct the trial phase of commission investigations under section 337 of the tariff act of 1930 19 u s c. They rule on motions during the trial stage and following the trial make an initial determination as to whether a violation of section 337 exists. Last year allergan the u s.
Usitc institutes section 337 investigation of certain electronic devices including computers tablet computers and components and modules thereof the u s. Manufacturer of botox and medytox the korean manufacturer of a similar product filed a joint complaint against daewoong a korean drug maker under section 337 of.