Section 337 Investigations

With the help of section 337, the US International Trade Commission (ITC or Commission) decides whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States. Section 337 declares the infringement of a U.S. patent, copyright, registered trademark, or mask work to be an unlawful practice in import trade.

To prove a breach of Section 337, the complaining party must prove:

  1. Unfair competition or an unfair act, for example, patent infringement, etc.
  2. Importation, sale for importation, or sale after importation into the United States of accused products
  3. Presence of a indigenous industry relating to the products or IP in question.

Section 337 investigations are complicated and require a uncommon blend of litigation knowledge, understanding of administrative & patent laws, and technological skills. To prove, the violation of Section 337, we generate claim construction charts with intrinsic and extrinsic evidence(s). We further prepare infringement charts that involve mapping of the claimed elements with the product features from accessible documents in the public domain as well as physical testing/source code analysis.

 


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