The statute that gives the U.S. International Trade Commission the authority to ban the importation of articles that infringe patents or other intellectual property rights turned 85 years old this year. It was rarely used at first, but over the past 40 years, Section 337, as the statute is known, has become a valuable weapon for litigants seeking speedy and powerful injunctive relief. Today, despite recurring pronouncements that its relevance is waning, Section 337 is going strong.
“It’s a vibrant statute,” says Adduci, Mastriani & Schaumberg name partner Tom Schaumberg, who has been practicing before the ITC for more than 34 years. “There may be fewer Section 337 cases than a few years ago, but there is still a steady stream, and those cases are significant.”
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