U.S. International Trade Commission building.Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
November 13, 2024 at 02:50 PM
9 minute read
What You Need to Know
- Section 337 of the U.S. Tariff Act empowers the International Trade Commission to block the importation into the United States of products that infringe U.S. intellectual property rights.
- A well-pled ITC complaint should adequately describe specific instances of importation or sales and provide exhibits supporting those allegations.
- As the ITC's recent decisions reveal, failure to include such evidence in a complaint can lead to a denial of institution.
Section 337 of the U.S. Tariff Act empowers the International Trade Commission (ITC or Commission) to block the importation into the United States of products that infringe U.S. intellectual property rights, including patents, copyrights, trademarks, and trade secrets. Under the ITC's pleading requirements, a Section 337 complaint filed at the ITC must "[d]escribe specific instances of alleged unlawful importations or sales." 19 CFR §210.12 (a)(3). In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint. In several recent cases, however, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation. This article surveys those decisions and offers advice for parties filing an ITC complaint and those opposing institution of an investigation with respect to importation allegations.
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